Legal Question in Criminal Law in California

I was just been subject to a citizen arrest for trespass by my landlord. I had gone into an empty apart ment being remodeled to ask him turn down a loud radio. He wasn't there at first and then entered. I asked him to turn it down and left. Later Police came and he made a citizen's arrest for trespass. I am involved in other litigation for harrassment. I expect DA will drop it or I'll easily beat it in trial because of a variety of facts to support my claims that I had previous consent & witnesses to that consent and I didn't actually occupy.

My question is: can I sue him for damages for making the citizen's arrest and there is no doubt he made exaggerated and false statements as regards to consent to enter etc.


Asked on 6/09/12, 4:50 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You should have posted this in the forum for personal injury, not criminal law. This forum is for attorneys who handle criminal defense matters, of which you do have an issue.

The civil cause of action is called malicious prosecution. You may want to repost in the other forum if you are looking for civil advice.

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Answered on 6/09/12, 4:55 pm


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