Legal Question in Criminal Law in California

My son was arrested for 243 (d). There were 3 guys involved. My sons friend was arguing with another guy and my sons friend saw that he had a knife. My son hit the guy one time in the face then westled the guy to the ground. The guy called the cops and my son got arrested. He is not pressing charges. It took 1000.00 cash to bail him out and I still owe 4,000.00. Can I sue the guy who called the cops for the bail money?


Asked on 1/03/12, 4:14 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

I suppose, but you can't win. Making a police report is a privileged act and cannot support a civil judgment. Even if it such lawsuits could succeed, I see no reason to think you would win yours since the witness who made the phone call seems to have been acting properly. Your son may even have committed a crime, regardless of whether he will be prosecuted for it. Forget about trying to recover your bail money, and be thankful that you don't have to hire a lawyer to defend your son.

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Answered on 1/03/12, 4:23 pm


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