Legal Question in Constitutional Law in Georgia

Civil Rights - Malicious Prosecution

I was pulled over for tinted windows in 11/05. The officer asked me to step out the vehicle and performed a body search, in which he found a package of marijuana (less than an ounce). I was handcuffed, then released with a citation to appear in 1/06 without jail or posting bail. However, no record was found by the courts or police on the court date. Then, the officer written a new citation for the same offense, a different date, different home address and I wasn't informed until the DMV sent a letter of suspension for failure to appear; the new date was set for 3/06. I had to pay $750 to get a new date and reinstate license. However, the city court didn't call my case again, so I had it bind over to state court. At state court, discovery ONLY showed the citation and lab report, but no police report. Case was nolle prossed after state court distinguished elements of both citations and verified payment to previous court. Also, previous court has not refunded $750 after submitting a request. Is it legal for an officer to rewrite a citation and establish a new trial date without my notice? and, is this a violation of his duties of a public official? Can a civil suit be bought against the original court and the police?


Asked on 10/10/07, 7:28 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Civil Rights - Malicious Prosecution

If you want to know if you have a lawsuit, see a lawyer. Obviously, documents will have to be reviewed. However, from your post, you were in fact guilty of a drug violation and essentially got off because of poor practices by the officer/prosecution. Rarely will be be "malicious prosecution" when the person did in fact commit the crime. Many people would consider themselves VERY lucky to not have a drug conviction on their record, and move on.

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Answered on 10/10/07, 7:37 am


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