I was wondering if a person gets arrested for dui they are not guilty of and a jury finds the defendent not guilty does that person have any recourse against the prosecuter ,city,police, etc for loss of job, wages. property, mental distress, etc
thankyou!!
1 Answer from Attorneys
In Ohio, prosecutors have a great deal of discretion and lattitude with regard to bringing charges. While it is possible to sue them for malicious prosecution, it is very difficult to win such cases unless you have smoking gun type evidence that shows that they were bringing charges that they knew were false out of malice.
This response given is not intended to create, nor does it create an ongoing duty to respond to questions. This response does not form an attorney-client relationship. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. Attorney is licensed to practice law only in the State of Ohio. Responses are based solely on Ohio law unless stated otherwise.
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