Legal Question in Criminal Law in Virginia

If found not guilty of dometic assault, can someone sue for legal expenses

My son was charged by his former g/f of domestic assault..this went to court and my son was found not guilty..now, I need to know if he can sue her for his legal fees and time missed from work since she filed false charges against him?


Asked on 12/10/04, 3:30 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: If found not guilty of dometic assault, can someone sue for legal expenses

The prosecutor who made the decision to go forward with the case obviously did not share your opinion regarding your son's guilt.

Therefore, as long as the prosecutor believed that there was at least probable cause to bring the domestic assault charge against your son and absent a clear showing that the charge was merely fabricated, there would be no credible basis for your son to initiate any suit againt the complaining witness(his former girlfriend).

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Answered on 12/10/04, 9:03 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: If found not guilty of dometic assault, can someone sue for legal expenses

I disagree with attorney Hendrickson. I think more people ought to sue false accusers. I wish you the best of luck.

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Answered on 12/10/04, 9:28 pm


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