You may be able to sue depending on the outcome of the criminal case.
The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
You should advise your criminal defense attorney that you are considering such a lawsuit. He or she should know that information at the outset of the case.
The information provided is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. The information is not guaranteed to be correct, complete, or current. I make no warranty, expressed or implied, about the accuracy or reliability of the information. You should not act or rely on any information at above without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisement
Anyone can sue, but winning is another story. In either event you have bigger worries, your criminal case. Get it dismissed first, then go lawyer shopping.