Legal Question in Criminal Law in New Jersey

Possible Lawsuit

A friend a mine was arrested last Feb. for receipt of stolen property in New Jersey. He spent 9 days in jail before he could post bail. The case was settled this Feb. During this year, they offered 3 yrs jail time then reduced it to probation. When the case went to trial, the prosecuter changed the charge to theft by deception. My friend pleaded guilty and was given a $500 fine. He pleaded guilty because he was tired of traveling back and forth from NY to NJ. The police report at the time of his arrest stated that the property was stolen from several different stores and even had signatures from store employees. My friend did not steal anything. He would like to know if he can sue someone for the arrest and jail time since what he was arrested for was not what he was eventually charged with. He is also out of $2,500 for bail. The police officers should have given him the fine instead of trying to charge him with stealing or receiving stolen property. They arrested him because he was a black man with a bag in a mall parking lot and just assumed he did something wrong. If he did steal something, they would not have to change his charge. Does he have a case?


Asked on 3/07/07, 11:12 am

2 Answers from Attorneys
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Re: Possible Lawsuit

Your friend does not have a civil case because he pleaded guilty to the charges. Had he not pleaded and been found not guilty by jury or judge, may be there would be enough grounds for filing a civil suit if he could prove damages. As far as reduction of the charges, that was up for the prosecutor to decide and is common practice in criminal cases.

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Answered on 3/07/07, 11:58 am
Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Re: Possible Lawsuit

Does he have a case - ABSOLUTELY NOT! Any suit he would have would be based upon a false arrest or malicious prosecution. That cause of action requires a favorable termination. A plea bargain for lesser charges is not a favorable termination.

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Answered on 3/07/07, 12:15 pm


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