Legal Question in Criminal Law in Georgia
evidence dismissed
my husband was arrested on drug charges. He was wrongfully arrested and illegally searched. The judge dismissed all evidence and the charges. My husband although, had to spend 22 days in jail, lost his job and had to spend several thousands of dollars on a lawyer. Can a law suit be filed for unlawful arrest or something?
He lost visitation rights to his children over it as well and is now hiring a lawyer to get this back.
1 Answer from Attorneys
Re: evidence dismissed
He can not sue the law enforcement agency or prosecution for unlawful arrest because government agencies are protected by sovereign immunity. However, if someone framed your husband, he may be able to sue that individual for malicious prosecution, depending on the facts and circumstances.
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