QUESTION
Can I file a lawsuit against a lying witness on my misdemeanor battery charge?
Asked on Mar 19th, 2014 on Criminal Law - California
More details to this question:
I face a misdemeanor battery charge however most of the information in the police report is a wild fabrication. Should my attorney file a motion to dismiss the case due to false information? And let the prosecution know right away that they have a lying witness. Or should I ask for discovery and then have the lawyer videotape a deposition with the witness so that the witness could face a felony charge for lying to the police? Will I be able to sue the witness for malicious prosecution because they lied to police?
4 ANSWERS
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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It is not that simple. You will have to fight your case obtain an acquittal, factual finding of innocence and then you may sue for malicious prosecution .However, the steps are lengthy and expensive. In criminal cases depositions are not generally done though you are entitled to do it.
Answered on Mar 21st, 2014 at 12:34 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You have an attorney who knows all the facts of your case. I know nothing about your case. These are questions you should be asking your attorney.
Answered on Mar 21st, 2014 at 12:34 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have an attorney, follow that advise, not what you get over the Internet!
Answered on Mar 21st, 2014 at 12:34 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Depositions rarely occur in criminal cases. You cannot simply file a motion and claim the witness is lying and get the case dismissed. That is a question of fact for the jury to determine and to determine if the witness has any credibility.
Answered on Mar 21st, 2014 at 12:34 PM