Legal Question in Civil Litigation in Virginia
Recovery of Legal Fees & Lost Wages
I had an ongoing dispute with my realtor over commission he received from a sale. I sent him 5 pieces of correspondance requesting a meeting or for him to refund 1/2 of the commission. He took the letters to the police and I was arrested for 5 felony counts of extortion. I worked in accounting and was fired after being arrested. The Commonwealth Attorney offered to Nolle Prosequi the charges - there was no basis for them however I had to post bond, hire and attorney and lost my job. I couldn't get another job in the meantime because I couldn't pass a background check because of the pending charges. What legal recourse do I have to recover these lost funds due to wrongful arrest?
1 Answer from Attorneys
Re: Recovery of Legal Fees & Lost Wages
On the facts which you've presented, I would surmise that a successful action would not lie here for malicious prosecution nor likely for any related civil charges brought by you against your former agent in realty arising from this most unfortunate incident. Nevertheless, there's probably a lesson to be learned here from the fact of those five pieces of correspondence, some of which you may have composed in a spirit, shall we say, that may have been less than generous with respect to your adversary and which you probably never bothered to have an attorney review before sending them forward----with obvious disastrous results which likely could've been predicted (not to mention prevented) beforehand if such counsel had had the opportunity to review them first.
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