Legal Question in Criminal Law in New Mexico
false arrest
my son was arrested for numerous charges of forgery and fraud,but absolutly no forgery or fraud had accured.he was arrested on someones word of mouth and not any investigation. everything has been dismissed but he now has a long criminal record. can we sue?
2 Answers from Attorneys
Re: false arrest
You could have a lawsuit for malicious abuse of process, but his arrest record will be there for a long time and getting it removed is a complicated and expensive project. The difficulty with lawsuits such as you describe is proving that your son suffered sufficient monetary damages [loss of job, etc] to make the investment of litigation costs worthwhile.
Re: false arrest
To answer your question "can we sue?", it will be necessary for me to have more information. If the officers reasonably believed that the "word of mouth" regarding the alleged forgery was true, they will probably be immune from being sued for money damages by your son. Not so the person that told them the false information.
Your question says that your son now has "a lengthy criminal record." Don't you mean that his only criminal record is this one case, but that it had a lot of charges, and they were all dismissed? In that case, he has a record of one arrest, no convictions, which is about the same thing as no criminal record at all. Or did I miss something?
Related Questions & Answers
-
Grand jury indictment Is it true that as a defendent, you are not allowed to bring a... Asked 12/12/07, 11:33 am in United States New Mexico Criminal Law
-
What happed to my friend my friend went to prison and was released or should i say... Asked 11/06/07, 4:40 pm in United States New Mexico Criminal Law
-
Selling magazine subscriptions without a permit I went to jail overnight in... Asked 8/09/07, 1:07 pm in United States New Mexico Criminal Law