Legal Question in Criminal Law in California

Recourse against the state/Department of Real Estate?

I was arrested on $50,000 bail and accused of business violations in the real estate field I went through a jury trial for 1 year and was thrown in jail, I was found not guilty of the charges after 80 witnesses took the stand and each one was found to be lieing for money and no evidence was shown, do I have any recourse to recover legal fees and the $5000 it cost me to get bailed out? My name was also spread over the la times and other papers prior to the trial stating compensation available and that the company was a scam.


Asked on 8/13/01, 3:29 am

2 Answers from Attorneys
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Recourse against the state/Department of Real Estate?

If there was a person or persons who instigated the prosecution you may have an action for malicious prosecution against them. Your bail should have been returned to you. You may also have a libel action against the papers depending on what was printed. I am admitted in California and Indiana.

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Answered on 8/13/01, 1:55 pm
Victor Hobbs Victor E. Hobbs

Re: Recourse against the state/Department of Real Estate?

In the Criminal Court there is a motion that may be brought for a finding by the Judge of a Finding of Factual Innocense.

There were people that filed complaints, and of course some of these may have been witnesses. These folks are subject to a civil lawsuit for filing false charges.

However, you may want to be careful. The criminal burden of proof is very high but the civil burden isn't. You can be found not guilty on a criminal charge. And the same evidence may be sufficient to be found (guilty). Since you would be the plaintiff in the civil matter, you would not be able to prove that you were not guilty. And on cross-complaints (if there are any)you maybe owing a judgement to several people for money damages.

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Answered on 8/13/01, 1:57 pm


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