I would like to seek charges for someone that made false allegations towards me in which I spent thousands of dollars to defend myself only to have the case dismissed. Could anyone give me a list of items and the criminal code associated with it.
It's a civil suit. It may cost thousands and thousands to sue this person. Before you spend more money see if they have any assets first.
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This is a somewhat complicated area of law. You can have an instance where someone wrongfully sued you in civil court or where someone wrongfully brought criminal proceedings against you in criminal court. Either way you may then sue in civil court for your damages. The District Attorney may also bring claims for submitting a false police report of providing false information to authorities in criminal court.
In Pennsylvania, in order to establish a civil claim for malicious criminal prosecution against a private citizen, a plaintiff must establish that:
(1) the defendant instituted criminal proceedings against the plaintiff--meaning that the defendant knowingly provided false statements to a law enforcement official or the defendant's desire to have proceedings initiated was the determining factor in the law enforcement official's decision to commence prosecution;
(2) the defendant initiated a criminal proceeding without probable cause;
(3) the defendant acted with actual malice; and
(4) the criminal proceeding terminated in plaintiff's favor.
Bradley v. General Accident Ins., Co., 2001 PA Super 172, 778 A.2d 707, 712 (Pa. Super. 2001); Tomaskevitch v. Specialty Records Corp., 717 A.2d 30, 33 (Pa. Cmwlth. Ct. 1998) (citing the Restatement (Second) of Torts § 653, comment g).
The Dragonetti Act was passed in 1980 by the Pennsylvania legislature. It is a law that is specifically designed to allow those who have been named as defendants in civil actions to sue those that have pursued them if they believe that the actions were a wrongful use of civil proceedings. The two requirements that are necessary to embark upon a Dragonetti Act case are that:
The person who was responsible for the legal action acted in a grossly negligent way, pursuing the case without probable cause and primarily for a purpose other than the stated basis of the lawsuit; and
The original claims are terminated and the ruling was in favor of the person who was the original defendant.
Additionally, you would most likely have civil claims for defamation, invasion of privacy and other possible causes of action.
Disclaimer: Please note you should not rely upon the information provided herein as legal advice. It is for general informational purposes only. Legal advice can only come from a qualified attorney after having had an opportunity to become familiar with all of the fact specific circumstances of a particular legal matter, and then to apply or research the relevant law.
This is a civil suit with many potential defenses. I would strongly recommend you get an attorney to assist you.
Actions which fall under the umbrella term "malicious prosecution" are civil claims. In most jurisdictions you can pursue the former claimant-plaintiff and their attorney. However unless the former claimant-plaintiff is independently wealthy without protected assets, you are unlikely to recover on your potential judgment. As these claims involve allegations of wrongful, intentional, or grossly negligent conduct, the attorney's professional liability carrier will disclaim coverage - due to coverage exceptions for intentional and reckless acts. Similarly it is unlikely that the claimant-plaintiff will have any applicable insurance coverage.
I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion above is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law applies, unless otherwise specified. This response shall not form the basis of an attorney-client relationship.
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