Legal Question in Civil Litigation in Pennsylvania
wrongful prosecution
My son now, 18 years was falsely accused of rape and was arressted and treated terribly. Whenb wewent to court, after paying $500.00 foran attorney, we spent two minutes in fron of the judge. The judge asked the commonwealth what they had to offer and they withdrew the charges without prejudice. However he was on probation from another incident and tested positive for marijana. The p.o. put him before the judge prior to the rape case and the judge remanded him to a drug rehab. He has since turned 18 and left the rehab.
I actually have 2 questions.
since the charges were dropped canwe sue the young lady who falsely accussed himto get back the attorney fees and lost wages and for myson'spain and suffering.
what can happen to my for leaving the rehab?
1 Answer from Attorneys
Re: wrongful prosecution
the facts as evidence in a criminal case need to be proven beyond a reasonable doubt. the facts in a civil case need less proof. The DA may well have felt that there was not enough evidence to convict or the prosequtrix may have been embarrassed to testify. Civil court puts her on the defense, so she might be forced to testiy to protect herself. Could be a dangerous move to sue. More information is needed. Also, is the woman worth anything? Could you collect a verdict? If you were ordered to go to rehab as a term of probation, your failing to stay could be a probation violation.
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