QUESTION

Do I need a lawyer to file a lawsuit for filing false accusations, making a false police report, being wrongfully accused?

Asked on Jul 19th, 2011 on Criminal Law - Iowa
More details to this question:
In October 2009 I was wrongfully accused of 2 count of felony child endangerment. I went to jail, court, & then trial in April 2010. The woman who had these charges pressed is not the legal guardian of the kids that were involved. I want to sue her for filing false accusations, sue the police department for false imprisonment & lying to me to get a false admission & launch an internal affairs investigation into that police department. I need to know what my options are.
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1 ANSWER

General Practice Attorney serving Ontonagon, MI at Robert Peterson, Attorney at Law
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I would always suggest contacting an attorney when you are considering a lawsuit, but especially with these types of offenses. To sue a local police department, is not an easy task, and would normally involve some extensive investigation into police training and previous incidents-- thus extensive discovery. An attorney can explain your options and talk to you about the strength of your case.  Just because you were wrongfully accused does not mean that you can win a lawsuit. Elements such as negligence or purpose might be involved in your case. False statements may or may not be protected depending upon whether the person knew they were false, or not.  This would be a case where and attorney would need to discuss technical elements to determine whether or not you even have a case. On the other hand, you can always file a lawsuit without an attorney.  I hope that you will realize though that even supposedly simple cases can have difficult issues that need to have the law reviewed, and an attorney can assist you in that action.  Realize also that you may have time limitations upcoming for your potential lawsuit and may end up being time barred if you fail to meet statutes of limitations.
Answered on Aug 28th, 2011 at 1:45 PM

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