Legal Question in Criminal Law in Michigan

If I have been falsely accused of a crime, and can prove it, Yet the investigating officer and prosecuting attorney will not listen to me until the trial, Do I have legal recourse for suing the trooper and PA? I was never questioned about the charges and in the police report itself a different person was named. Can I sue? or is there another route I can take to avoid it going to pre-trial? I am a stay at home mother 4 and can not afford the cost of gas and babysitting to get to the pretrial.


Asked on 8/17/12, 9:08 am

3 Answers from Attorneys

It is extremely unlikely that you would prevail in a lawsuit against "the trooper and PA." You should work with your defense lawyer to see whether a trial can be avoided. An aggressive motion practice is a good idea in many criminal cases.

You can read more about criminal charges in Michigan at:

www.AggressiveCriminalDefense.com

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Answered on 8/17/12, 9:16 am
Thomas Loeb Law Offices of Thomas M. Loeb

You cannot sue until you win your trial. That is how you can 'rove it', even thought the burden of proof is not on you.

I would not be late for any court dates, no matter what the price of gas.

-Tom

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Answered on 8/17/12, 9:58 am
William Morrison Action Defense Center

You better stop making excuses and make sure you go to your pretrial. They don't last very long and you don't have to plead to anything unless you want to. Bring your kids. If you don't go, a bench warrant will be issued for your arrest.

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Answered on 8/17/12, 10:35 am


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