QUESTION

What can I do now to clear my name and do I have a civil suit against the police?

Asked on Jun 13th, 2013 on Criminal Law - Michigan
More details to this question:
I was arrested and charged for solicitation. I had a jury trial and found not guilty.
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8 ANSWERS

Tax Law Attorney serving Birmingham, AL at Meadows & Howell, LLC
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If you were found not guilty, then your name is already cleared. As far as a civil suit, it would depend upon the specifics of your case. You can't sue the police for arresting you merely because the court found you not guilty. You would have to prove that the police failed to follow protocol or otherwise did not have reasonable grounds for the arrest, and even then, you would likely have to prove a certain level of negligence or recklessness in order to prevail in the civil suit. Because you've provided no details with your question, an attorney can not give a proper response as to whether a civil suit is advisable for you. Additionally, you've posted this question in the criminal defense section of LawQ&A's website. Because your question primarily deals with a potential civil lawsuit, it would be better to pose the question to a plaintiff's attorney.
Answered on Jun 14th, 2013 at 11:19 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Unless there were errors made during the trial, if you were found guilty by a jury, there is nothing you can do.
Answered on Jun 14th, 2013 at 4:14 AM

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James Edward Smith
You cannot sue the police just because you were found not guilty by a jury.
Answered on Jun 14th, 2013 at 4:13 AM

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Michael J. Breczinski
You cleared your name by being found not guilty.
Answered on Jun 13th, 2013 at 1:45 PM

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If you were found not guilty, there is no need to "clear your name" because there will be no criminal record and you can honestly answer in interviews that you have never been charged with a crime, in relation to this matter at least. In order to file suit against the police or district attorney, you would have to prove malicious prosecution ( basically they knew you could not be found guilty because there no evidence to support it) or that they intentionally targeted you for sinister purposes. Both situations are highly uncommon modernly.
Answered on Jun 13th, 2013 at 12:46 PM

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Criminal Law Attorney serving Boulder, CO
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You can seal the record from public view there are forms on the Colorado courts website, but I would hire someone bc it is not as easy as it may seem the suit against the city can proceed, but you have to prove they did not have probable cause to arrest.
Answered on Jun 13th, 2013 at 12:26 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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No, you have no case against the police. To do so, would mean that every person found not guilty of a crime would have a case against the police. Every person who is found not guilty of a crime does not necessarily mean that they did not commit the crime, it's just that the prosecutor could not prove the case. Furthermore, it is not the police who bring the charges. They file their report sand refer it to a prosecutor or DA, who then decides whether or not to file the charges. When the charges are filed, a judge reviews the case to see if their is "probable cause". If the judge finds probable cause, then the case moves forward. Without being able to see the facts of your particular case, I can't advise you much more than what I have said.
Answered on Jun 13th, 2013 at 11:06 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You will have an arrest and court record which an attorney can assist in potentially removing, NO conviction and No lawsuit against the police.
Answered on Jun 13th, 2013 at 10:58 AM

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