Can you prevail in a false-arrest suit if you take an ACD + condition?
I know ACD doesn't bar you from filing a false-arrest suit, but does the condition have that effect?
3 attorney answers
The condition does not bar the suit, but may effect the jury as it may be seen as the reason your matter was dismissed.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
Of course it's possible. It depends on the facts and the skill of your attorney. At a minimum, it will make it more difficult for you to find an attorney to take the case on contingency fee.
I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 17 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
The condition does not bar a false arrest case but it certainly gives the defense something to work with in front of the jury.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.