Legal Question in Civil Rights Law in Colorado
Civil litagation following criminal case
My husband was recently in a criminal case for over a year one week before trial was to began DA dismissed the case after reviewing what evidence my husband attorney had. Does he have any recourse as far as filing a civil suit against the police department, the first attorney, and the person who falsely made accusations on him to begin with?
1 Answer from Attorneys
Re: Civil litagation following criminal case
You can't sue the police for doing their job, unless you can prove they planted evidence, framed him, knew he was innocent and withheld that information, etc. If by "the first attorney," you mean the DA, no, you can't sue the DA, with similar exception. If you mean your husband's first attorney, you can always file a malpractice suit. You can also sue the person who made the accusations, if that person knew he or she was making a false claim.
Good luck. A year in the justice system is a year too long.
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