Legal Question in Civil Litigation in Florida

If someone is accused of a crime and their wife also is in the statements of the complaintant. And one of them is arrested and charged with a felony, spent time in jail, spent money for bail, spent the money for a lawyer. And while being arrested the person accused fell while attempting to get into the patrol car by falling due to a leg collapse that he normally uses a cane for which caused him to hit his head against the patrol car hard enough to make a noticable dent in the car and having to go to the Hospital and undergo CT scans , was released and jailed. He has had headaches and pain ever since the iincident. Does the defendant after being found not guilty and his spouse have any recourse against the person who wrongly accused him and hiis wife making verbal and written statements about them commiting grand theft and the defendant was found not to be guilty?


Asked on 8/20/10, 10:37 am

1 Answer from Attorneys
John DeLancett Law Offices of John DeLancett, PL.

There is a cause of action called malicious prosecution. It lies where one is falsely accused and found innocent. It requires a showing that there was no probable cause for the charge, which is difficult to establish unless the accuser knowingly misrepresented the facts. As to the personal injury aspects, if you were cooperative and unreasonable force or negligence on the part of the police was involved, you may have a claim.

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Answered on 8/25/10, 10:46 am


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