Legal Question in Criminal Law in Virginia

wrongfully accused of 2 felony charges

My husband has been charged with 2 class 6 felony charges of (killing dogs) cruelty to animals. He has heard (his attorney told him that commonwealth won't release info on statements, afraid my husband will intimidate the witnesses)that the prosecution has 3 witnesses (all lieing). We have been told that the dog owner harassed sherriff, animal control deputies & district attorney to have these charges made. Also found out that the magistrate (who issued warrants)and member of animal control are related to the dog owner. We want to retaliate (legally) in every way possible, when found not guilty. We should be able to sue the witnesses for false statements, dog owner for false accusations. Isn't it up to the sherriff to put a stop to a person harassing him and his deputies to charge someone? Isn't it illegal for family members to be involved in this investigation? My question is how do we go about sueing the sherriff, animal control officers and magistrate? What charges could we use? defamation of character (husband is under medical care from all this), malicious prosecution, false imprisonment (my husband was in jail for 1 1/2 hours), would this constitute false arrest? Any and all answers will be greatly appreciated.


Asked on 4/21/04, 11:18 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: wrongfully accused of 2 felony charges

You are premature in your eagerness to file civil charges in these matters. The prudent course, as your husband's defense counsel has probably already advised, is to await final disposition

of the criminal charges.

When your husband's criminal trial begins, he should have ample opportunity through his legal counsel to explore many, if not all of the issues which you've alluded to in your question and to cast doubt on the credibility of the state's witnesses-----all of which should constitute a repository of valuable evidence for any civil case which may follow.

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Answered on 4/21/04, 11:42 am


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