Legal Question in Sexual Harassment in California
retention with no evidence just acusation
is it legal to hold a man in jail with no evidence except for the accusation that he so called ''sexually harassed someone'' 18 years ago due to the obvious unsaid fact that the defense attorney and judge are familiar. and if he loses his job sells his house for bail and loses 2 months of pay is it worthwhile to counter prosecute for compensation?
2 Answers from Attorneys
Re: retention with no evidence just acusation
I would be surprised to learn that someone was "held in jail" based on alleged acts of sexual harassment from 18 years ago. There is more to the story that you aren't telling us, and I doubt that what you are saying has any basis in fact whatsoever. But there are such things as false arrest lawsuits and lawsuits for violation of civil rights. In general, it helps to beat the criminal charges before filing any counter-lawsuits. Call a lawyer right away.
Re: retention with no evidence just acusation
Regardless of what advice you get to your question, what are you going to do with it, waive a print out at the judge?? You apparently need competent legal defense, and an attorney to do it. Whatever law, facts, evidence and witnesses you have will be used in that defense. If there are grounds for motions to dismiss, they need to be properly made. Feel free to contact me if serious about defending the charges.
Can you counter "prosecute"? Probably not, since all statements made in litigation are immune and protected, regardless of truth. If you can prove them false, that is part of your defense.