Legal Question in Civil Litigation in California
suing for attorneys fees
Hello I am not sure if this is the right attorney to ask this but here goes. If you were wrongly accused of a crime and had to spend $5000.00 on attorneys fees and then your case was dismissed, would it be possible to sue the county for the $5000.00 that was spent on a private lawyer? It was a misdemeanor criminal case, and the $5000.00 I spent was my savings and it was the fault of the county not mine.
2 Answers from Attorneys
Re: suing for attorneys fees
Unfortunately, seldom do people have a valid case. IF, and only IF, you could obtain a court order stating you were determined to be 'factually innocent', as distinct from there simply being insufficient evidence to convict, would you have any chance for a damage claim against the government. Even then, you'd have to timely file your claim, which is most likely going to be denied, forcing you to file suit and spend [more] money on attorneys.
IF a private party filed a false police report that started this, you might have a civil case against that person. But, that means FALSE and known by them to be false, doing it maliciously to harm you. That is usually tough for you to prove.
IF this was a citizen's arrest case, then the person filing the citizen's arrest charges is subject to suit if the case is dismissed. This would be your easiest option, if available.
Re: suing for attorneys fees
It can be done, depending on the circumstances. The first step is to have your attorney apply for a Declaration of Factual Innocence. Then consult a civil rights lawyer who does police misconduct (42 USC 1983) litigation. Don't let your criminal defense lawyer belittle your case because he probably does not do those kinds of cases. Watch out for very short (as little as 6 months from the arrest date) legal time limits.
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