Legal Question in Criminal Law in Texas
I was wrongfully arrested on an FSGI the case was dismissed because I had it on video of the plaintiff hitting my car and their was lack of evidence, can I sue her and file millitious prosecution on her?
2 Answers from Attorneys
You should post this question under civil law. By posting under criminal law, the question gets sent out to those of us who defend folks accused of crimes.
The State could prosecute the person who filed the charges with filing a false police report. You can sue the person but I'm not sure of all the grounds. (If she does not have money, then you will have a hard time finding a lawyer to take the case or even if you get a judgment, recovering from her.)
If you were falsely arrested and the case was dismissed, you should contact a criminal defense attorney regarding expungement of the arrest.
If you want to sue the person for malicious prosecution, you should contact a civil attorney to determine whether or not you have a legitimate case.
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