QUESTION
Can I either file a complaint against the witness or sue him for my attorney's fees?
Asked on Sep 09th, 2012 on Criminal Law - Georgia
More details to this question:
I was arrested for a breaking a window but I did not do it. The charges were dropped at pre-trial, but I paid $2500 for attorney's fees. The only thing the state had was an eyewitness statement that positively identified me as the person who did it. However, I had video proof that I was somewhere else at the time.
14 ANSWERS
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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No.
Answered on May 28th, 2013 at 8:26 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 28th, 2013 at 8:15 PM
Leonard A. Kaanta
No.
Answered on May 22nd, 2013 at 3:35 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You cannot sue the witness. He did not file the action. He did not prosecute the action.
Answered on Sep 16th, 2012 at 3:18 AM
Michael J. Breczinski
Unless you can prove he was deliberately lying rather than being mistaken you will not succeed.
Answered on Sep 16th, 2012 at 3:18 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 16th, 2012 at 3:18 AM
It's tough suing witnesses. The state WANTS witnesses to come forward. You MIGHT have a suit here though and maybe against the cops and prosecutor. Talk to a local attorney.
Answered on Sep 16th, 2012 at 3:18 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Perhaps consider asking the police to prosecute the witness for perjury and asking for $2500 restitution.
Answered on Sep 16th, 2012 at 3:17 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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No. All witness testimony, reports, etc are immune from legal action. Otherwise everyone would be afraid to report a crime for fear of being sued.
Answered on Sep 16th, 2012 at 3:16 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Generally not. You would have to show that this person actually knew you were not the person who committed the crime and despite knowing that, intentionally filed a false police report for the sole purpose of doing you wrong. Absent such, the answer is "No".
Answered on Sep 16th, 2012 at 3:15 AM
Sure you can, just be prepared to cough up a few hundred dollars per hour in legal fees that you will need to pay another lawyer to sue on your behalf.
Answered on Sep 16th, 2012 at 3:14 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Unless you can show that the accusation was knowingly false and malicious you have now recovery from the "witness".
Answered on Sep 16th, 2012 at 3:14 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Sue the person for malicious prosecution. You will have to pay an attorney to do so, but part of the damages to you was the attorney fees you paid in the criminal case.
Answered on Sep 16th, 2012 at 3:12 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No, the law does not recognize that claim.
Answered on Sep 16th, 2012 at 3:12 AM