Legal Question in Criminal Law in California
If a person makes a false claim and the DA picks it up, you hire a lawyer and the case gets dismissed is there a recourse for regaining money spent in defense of the false claim?
2 Answers from Attorneys
Depending on the circumstances you could sue for false arrest, if the person made a citizen's arrest. If the person made false statements to the police, then you would have to sue the person for making a false statement to the police. You would have to prove that the person knew that that statements were false when they made them. These cases are difficult. You should consult with an attorney to fully review the facts of your case, and determine whether you should proceed with it.
If you have sufficient evidence to prove the person lied in order to get the charges filed against you, then you may have grounds to sue them. If the case was actually dismissed, and you have or can obtain a 'finding of factual innocence' from the court, that is your evidence. If serious about pursuing this, feel free to contact me about the risks and rewards of such suit.
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