Legal Question in Criminal Law in Massachusetts

Re: Can I sue for damages ?

You can sue for malicious prosecution if the person brought or caused charges to be brought knowing they were false, and you were charged with the crime, and you were found not guilty.

An attorney looking at this case will likely look to see if your wife has resources to pay a judgement (if you are still married, the judgement could come from joint assets -- it sounds like you need a divorce, if you have not filed for one).

If there is money to pay a judgement, the attorney will look to the damages in this case. If you were found not guilty, then there are no damages from being questioned without a lawyer. Your false arrest and the humiliation caused by that are things a judge or jury would consider, but they are probably "worth" less than you might think. You need to speak with an attorney to get a realistic idea of what kind of damages you have suffered. The time incarcerated will be factored in.

You might also want to consider having your record "expunged" so that the charge is removed and the record is sealed. You would need an attorney, from a practical point of view, to get this done for you, and an attorney will charge for his or her services.

While you probably do not want to hear this, you are fortunate that you were not convicted of the crime, as many men are falsely convicted in this situation.

Anyone that would do this to you may do worse things in the future. You need to resolve the issues with your failed marriage. And get your record cleaned up, if possible. And then worry about recovering for what your wife did to you. Think about your priorities, and if you want to do things in a different order, be prepared to speak with an attorney to guide you through this process. You also need a therapist to help you with the emotional damage that has been done to you. Any man would be devistated by such an unfair turn of events. Get some professional help for your emotional well being.