Legal Question in Criminal Law in Georgia

What compensation can be received after case dismissed!

My case: Accused of child molestation by a jealous husband who I attempted to counsel wife about their hyperactive child (4 yrs. old)

For almost 4 dormant years, I've waited for a false molestation case against me to finally come to arraignment status. After being in court almost 12 times this year, finally my case was dismissed quickly.

Strange conclusion: The prosecution, after reading my written testimony and cassette recording account of the counseling session immediately requested the judge to dismiss my case. In an instant, my case was dismissed! WOOW!

I was left shocked. Surely there must be some form of compensation for what I've suffered.

Question:

1. How does the Georgia law hold my false accusers accountable for their evil deeds? Considering the law is to punish those who deliberately cause others harm and suffering! I expect them to pay like other law breakers!

Thanks for any advice you can share!

--name removed---name removed--

[email protected]


Asked on 8/31/03, 5:39 pm

1 Answer from Attorneys
Nickolas Chilivis Chilivis, Traylor & Lyon, LLC

Re: What compensation can be received after case dismissed!

According to O.C.G.A. 51-7-40, "a criminal prosecution which is carried on maliciously and without any probable cause and which causes damage to the person prosecuted shall give him a cause of action."

In order to be able to prove your case you would have to prove: (1)that it was a prosecution for a criminal offense; (2) the prosecution was instigated under a valid warrant, accusation, or summons; (3)termination of the prosecution in your favor; (4)malice on the part of the husband for instigating the prosecution; (5) that there was no probable cause to support the prosection; and (6) that you were damaged in some way e.g. lost wages from missed work.

Based on the information you gave me, it looks like you may have a good case. You may want to think about the financial harm that this has caused you in deciding what damages you may have. This will give you a better idea of whether a lawsuit would be worth pursuing.

Should you want to discuss this further, please call me at (404)942-3545.

Thanks

Nick Chilivis

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Answered on 9/01/03, 11:49 pm


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