CRIMINAL LAW & PROCEDURE: Wrongfully Incarcarated

What is the name of your state (only U.S. law)? California
If someone is accused of a sexual crime, and incarcarated for a month. No evidence is found only accusations by the so-called "victim" and declared innocent, may that person counter-claim for loss of wages and lawyer fees?

Keywords & Tags: wrongfully, incarcarated, criminal, law, procedure

URL: http://www.lawknowledge.org/criminal-law-procedure/66342/

«« Prev - Next »» 3 helpful answers below.

You might have a cause of action against the accuser, but that would be very tough to prove that the allegations were made with malicious intent.
Unless the police were able to learn that your accuser simply made all of this up, you would be pressed to prevail.
What are the details of the allegations?

oldandtired | Thu, 27 Nov 2008 15:37:00 GMT |

Of course you can. Talk to your lawyer.
Oops... Talk to your lawyer

insanejane | Thu, 27 Nov 2008 17:52:00 GMT |

Quote:

Originally Posted by InsaneJane

Of course you can. Talk to your lawyer.

Really? Against who? He said counterclaim. The state was suing him. Based on his statements he doesn't have anything to sue the state. They have immunity. So no he can't. Please quit posting unless you actually know the law.

ohiogal | Thu, 27 Nov 2008 17:57:00 GMT |

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CRIMINAL LAW & PROCEDURE: Wrongfully Incarcarated

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