Legal Question in Criminal Law in Wisconsin

not guilty in criminal case-able to sue accuser?

I was found not guilty in a criminal case about 2 months ago, and basically want to know if I could pursue a civil case against my accuser. The accusations and charges caused me to lose my job, jeopardizing my career, and also has led me to rack up huge bills to defend myself against the charges. I want to know my chances of gaining compensation for my lost of job and reputation, and legal fees for the criminal case. Thank you.


Asked on 1/12/03, 6:25 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Re: not guilty in criminal case-able to sue accuser?

You are correct that malicious prosecution is very difficult to prove. You not only must be formally acquitted by a judge or jury (as opposed to some sort of agreed resolution), but, in addition, affirmatively prove in a civil case that you are not guilty, and that your accuser had no reasonable basis for the charge other than personal intent to harm you. If you can prove all that, you would be entitled to a judgement. Collecting on such a judgement, however, could prove even more difficult than proving it, unless your accuser is an extremely wealthy person.

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Answered on 1/13/03, 7:47 am


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