QUESTION
After being held in jail for 5 years a jury found my husband not guilty on all counts can we file a civil lawsuit in the state of newyork
Asked on Dec 06th, 2012 on Criminal Law - New York
More details to this question:
He was never identified in a line up there was never a description of him a lot of mistakes made who is held responsible who do we file suit against I believe the police incriminated him because of a friend he knew and I want 5 years of our life back
2 ANSWERS
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You potentially have a range of remedies you can pursue, but I would need a lot more information before being able to tell you whether or not you have a case. I can say, from hard experience, that just because you get an acquittal does not mean you have a false arrest case against the police officers involved. The concepts of "probable cause" and "arguable probable cause" have ruined many otherwise meritorious false arrest/malicious prosecution cases, and must be carefully considered before filing suit.
I am happy to talk with you about your husband's case, if you wish.
Bob Keach
518.434.1718
Answered on Dec 07th, 2012 at 10:22 AM
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Every case is fact specific. In addition, with these type of cases there are different time limitations depending on what claim you make and who you make the claim against. Also in these type of cases one usually has the option of suing in Federal or in State Court. The bottom line is that your husband should contact a lawyer as soon as possible. Only as a last resort should your husband proceed on his own.
Answered on Dec 07th, 2012 at 8:59 AM