Legal Question in Criminal Law in Illinois

A friend is incarcerated awaiting trial for an attempted murder charge against a man he never met before, but knows his wife. The "suspect" was in another state at the time if the crime, lawyers are trying to resolve the criminal case now. Can my friend sue the person who was shot for false accusations or negligent testimony, maybe even defamation of character? If he is able to move forward with a suit in cival court, can he begin that process while still incarcarated awaiting trail?


Asked on 11/14/14, 8:46 pm

1 Answer from Attorneys

Elfreda Dockery Law Office of Elfreda Dockery

He may have a malicious prosecution cause of action; however he must first win his criminal case.

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Answered on 11/15/14, 6:43 pm


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