I have been battling a case built around a false testimony by an off duty police. Charged with a misdemeanor from an accident which was clearly not my fault, and I have a video footage to prove it. I wasn't ticketed or arrested.
Going onto 2nd trial, I was told by everyone that suing the DA for malicious prosecution is almost impossible, but I can prove that (1) original case in favor (hung jury and hopefully win 2nd trial), (2) case based on false testimony, (3) that the I did everything legally by the book (4) that the defendant initiated or continued the initial case with an improper purpose..
I need help finding an attorney who can help me recover unnecessary attorney fees and ruining my life - unemployed (trial going on 2 years), broke.
Not only is suing the DA for malicious prosecution nearly impossible, it doesn't look like you will be able to establish one of the essential elements for malicious prosecution.
In California, to establish a cause of action for malicious prosecution, a plaintiff must prove that the underlying action was (1) terminated in the plaintiff's favor, (2) prosecuted without probable cause, and (3) initiated with malice. (Zamos v. Stroud (2004) 32 Cal.4th 958, 966, 973.)
A hung jury is not a termination in your favor.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Mr. Chen is correct- the hung jury will deny any chance of malicious prosecution- as well as immunity issues.
With the inability to prove an important element and no money to hire a lawyer, the best thing to do is orient your attention to your future and put this sad history behind you. Small comfort but I have heard tales of woe like this before and had to give the same unsatisfying suggestion to others.
Soimetimes there is no legal remedy to undo suffering and tragedy.
No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in Indiana and Illinois. Circular 230 Disclosure: any U.S. tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein.
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