I was arrested for burglary of a habitation with the intent to assault. A friend and I got into an argument one night which led to me getting stabbed three times once in the back. I almost died. I was intoxicated and i went to this guys house to talk to him about an argument we have had earlier. He let me in the house. and afterwards we got into an argument. I did not assault him what so ever a girl was there that was pushing me so i pushed her back. He then stabbed me. i went to the hospital and he told police i forced myself in. I got a lawyer and we a currently awaiting trial. my lawyer said that the police report that he filed said the he DID let me in the door and that i DIDNT assault him. They are aslo using my intoixcation against me even though he was drinking also and did not get a breathlizer or blood test. My lawyer says odd are in my favor. what i want to know is if i got the charges dropped can i turn around and sue either him or the police department?
Though you can sue anyone, it is often not a good idea. Your situation is difficult to try as the facts are not clear and there will almost certainly be two sides presented. The cost may also be a factor if you are not in a position to fully fund the costs and attorney fees. Even if you are, the defendant must be able to pay a judgment if you win. The only party you will be able to sue and keep in the law suit will be the homeowner as the city (police) will have immunity.
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