Skip to main content

If you are found Not Guilty of a crime can you sue the accuser for damages?

Jacksonville, NC |

I want to recoup my lawyer fees and other fees (sending multiple subpoenas - I had to pay for them all).

+ Read More

Attorney answers 2

Posted

Typically defendants rejoice when they are found not guilty, so congratulations on seeing justice through in your case. Unfortunately the fees and court costs are the investment you had to make to avoid prison. They are likely not recoverable unless the specific facts in your case clearly set out a case of malicious prosecution, even then, you will need to invest even more money in fees and court costs to bring the civil litigation and there is no guarantee you will recover.

The worst thing you can do is get yourself into more criminal trouble by threatening the accuser or harming them. You dug yourself out of the hole with a clear name and you're free to go about your life, so it might be better just to move on.

Best of luck

There is NO attorney-client privilege based on this interaction. I am NOT your attorney. We have no signed engagement letter with a clear understanding regarding fees. Further, everything we both just wrote is publicly available on the internet and would be the same as if we were talking in a crowded restaurant, there are many witnesses looking over your shoulder and can repeat anything you write here. If you need legal assistance use Avvo to find a local attorney in your jurisdiction that you feel can best represent your interests as a zealous advocate. My experience is in corporate tax, white collar criminal defense, partnership tax, and tax controversy/litigation. If you're being audited by the IRS or state taxing authority, or you are taking an unusually risky tax position on a return, that is the kind of thing you should have experienced counsel on your side and we can set up an initial consultation. If you have a family law, debt collection, violent crime sort of issue then I do not handle that. Do not contact me for an initial consultation on non-tax matters.

Asker

Posted

Does it make a difference if the person was convicted of stalking me? I had a stalker. The person was a complete stranger to me. They pressed charges in retaliation of me taking legal action against them and they were convicted of misdemeanor stalking. Am I entitled to damages?

Posted

Mr. O'Neill has some good thoughts.
I represent any number of clients falsely accused of sexual assault. Once convicted they rejoice, and then they want to sue.
Unfortunately it is not as easy as it may seem. I tell them that unless they have a clear cut unequivocal judicial "confession" that they lied and made up the story for - revenge say, then a court battle is going to be extremely difficult if not impossible. In the meantime they are spending money and their reputation is back into the public mind.
So, you would need to take your specific questions to a NC lawyer who does tort litigation to determine if there's even a case worth pursuing.
Congratulations on the acquittal.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

Asker

Posted

Hmm well it should help my case that I have never had a criminal record and I am not involved in criminal activity. I had a stalker. The person was a complete stranger to me. They pressed charges in retaliation of me taking legal action against them and they were convicted of misdemeanor stalking. Am I entitled to damages?

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer