Can I sue, and what are the chances of winning?

by admin on May 3, 2011

I filed a police report for theft on an X-Girlfriend. In retaliation she accused me of Domestic Violance. I was arrested on a 3rd deg. Felony charge of DV to a family member w/ bodily injury.after spending almost ,000.00 on lawyer fees, and bonding out, my case was NO-BILLED after being taken to the Grand Jury. Can, and should I sue, if so for what, and what are my chances of winning?

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    { 6 comments… read them below or add one }

    Christina Murray May 3, 2011 at 2:29 pm

    I wouldn’t think so. Its like getting a d.u.I and in end found not guilty. And then sueing the city for lawyer cost.
    I could be wrong, I believe the only way is if you had proof she was lying about it. Try to get her on recording that she lied or something else. But you have a good point, I would call your lawyer or another one and ask what your options are!
    Good luck!!

    Pressed Rat May 3, 2011 at 2:29 pm

    What are your chances of winning? Close to zero. No one cares about your little argument with your ex girlfriend. And the fact that the Grand Jury didn’t think there was enough evidence to establish guilt "BEYOND A REASONABLE DOUBT" certainly does not "prove" your innocence.

    But you can sue a baked potato if you want to. Knock yourself out.

    Nutty Looney May 3, 2011 at 2:29 pm

    If you want revenge dig two graves.

    ca_surveyor May 3, 2011 at 2:29 pm

    any one can sue anybody for anything..

    but you have to be able to PROVE your case to win it.

    Can you PROVE.. beyond a doubt .. that she deliberately created a false police report in order to have you arrested.

    If you DID assault her, then, even if the case was dropped, you have no case. She made the claim, and it was ultimately not acted on by the DA.. thats it. They found the report factual, but the assault not up to the level for prosecution.

    Artemis Agrotera May 3, 2011 at 2:29 pm

    I would recommend that you sue in small claims court. (Frankly, I’d tell you to take it to Judge Judy. She is VERY unsympathetic toward women who manipulate the system.)

    You would be restricted only to that statutory maximum in your state (usually around $5,000) but small claims court is much easier and more straight forward than superior court. You don’t have any attorney fees. And you get a court date quickly.

    the hump May 3, 2011 at 2:29 pm

    You could sue her in tort for your monetary damages and for intentional infliction of emotional distress. However, you need to be able to produce evidence that your ex filed fraudulent charges against you. Otherwise this is just a case of your word against hers and recovery is unlikely. In this situation, unless you want to pay even more attorney fees, you need a lawyer willing to work on a contingency basis (he gets a percentage of the amount you recover). Therefore, you need to consider whether your ex is solvent enough to pay the judgment if you do win the suit.

    If you can prove fraud, you could try to bring your ex up on criminal charges for something like abuse of process or perjury.

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