Can I sue for being falsely accused of threatening someone with a deadly weapon? 12 Answers as of June 19, 2013

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Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
Yes you can sue someone if you have been "falsely accused of threatening someone with a deadly weapon" depending on the circumstances. This type of case is called "malicious prosecution." In general to establish a claim for malicious prosecution you must prove each of the following: (1) the commencement or prosecution of a criminal proceeding against you; (2) its legal causation by the defendant; (3) its bona fide termination in favor of you; (4) the absence of probable cause for such proceeding; (5) the presence of malice therein; and (6) damage, conforming to legal standards, resulting to you. Basically, you have to have been criminal charged because of the false accusations. You also have to establish that you are innocent or that the charges against you were dropped because you are not guilty; dismissal based on technically or procedurals issues do not count. Without more information I cannot state whether you to have a claim for malicious prosecution as you do not provide the information necessary to establish the elements sets forth above. You may want to consult with an attorney to further discuss your rights and options.
Answer Applies to: Nebraska
Replied: 11/27/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
YES. You'll have to prove your DAMAGES.
Answer Applies to: Michigan
Replied: 11/14/2012
David F. Stoddard
David F. Stoddard | David F. Stoddard
I would need more facts. It depends on who accused you, who they communicated it to, and what their information was based on. For example, if the police charged you with that crime based on witness statements statements and other evidence that amounts to probable cause, you would have no case. If some individual accused you of this, and told others, you may have a case in theory. Two possible problems are you may have difficulty establishing damages and if the person has no assets, you would be unable to collect a judgment if you win.
Answer Applies to: South Carolina
Replied: 11/14/2012
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
You cannot sue the police or the prosecutor for "ordinary negligence" in the performance of their governmental jobs. You can, and should, sue a non-governmental person who falsely accuses you of a crime. You need to be aware that an intentional act like that is not usually covered by homeowner's insurance, and so any settlement or judgment would be paid "out of their pocket." The good news is that a judgment for an intentional act like that would not be dischargeable in bankruptcy.
Answer Applies to: Michigan
Replied: 11/14/2012
Law Office of Melvin Franke | Melvin Franke
What are your damages?
Answer Applies to: Missouri
Replied: 6/19/2013
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