Legal Question in Criminal Law in Texas
Can I sue the persons who accused me of a crime after I am aquitted?
Recently, I was accused by a minor of showing her a single porn picture on my cell phone. It is a misdemeanor in Texas, Class A, Making Harmful Material Available to a Minor. I took the case to trial and I was found not guilty.
On the stand, the child lied and her grandmother lised as well. We presented several witnesses, including the minor's teachers who testified that she was not a truthful person.
As a result of the accusuation, I was asked to resign from my job at the school, which meant I lost my health insurance, and more recently, I was denied a job because the case was still pending in court.
I would like to sue the mother and the child for defamation, false accusuations, making a false police report and for loss of income and potential income. I am considering all options including filing criminal charges against the mother for making a false police report.
Would you please provide me with what my options are.
Thank you.
Cliff
1 Answer from Attorneys
You should consult with a local lawyer about suing. You absolutely can sue them, but the big question is if you win, will there be anything to recover? If they have no assets, etc., then you will be throwing good money after bad.
It is unlikely that the district attorney's office will accept charges for false police report. You won on the case where the burden of proof was beyond a reasonable doubt. This is a very high burden. It does not mean that the jury found that you were innocent, nor does it mean that they jury found that the girl lying. It means that the jury had a reasonable doubt about your guilt.
If every time the State lost a case they turned around and filed false police report against the complainant, they would have few cooperative complainants and / or a loaded docket.
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