Can I sue if found not guilty of all charges at trial? 1 Answers as of May 10, 2011I was slapped with charges of Rape, Home Invasion and Unlawful restraint and battery and battery with grave bodily harm and i sat nine months in the county jail fighting my case. At trial the alleged victim and the police had contradictory statments but, in either case- I was foung not guilty on all charges. It ruined me! And a freind of mine told me that I could sue and I wanna know: CAN I Sue and if so, who can I sue? And how long after the NOT guilty verdict do i have to sue??
Timothy J. Thill P.C. | Timothy J. Thill
These are questions for a civil attorney to discuss with you. In order to collect, you must be able to prove that charges were pursued with malice and intent to ruin your reputation. I doubt you can sue the police or prosecutors, they are proceeding on information they obtained, and to sue them may be barred on the grounds of governmental immunity from liability. I should warn you that retaining a civil attorney may result in very high legal fees, although the cost for a consultation may be very reasonable. Suing a person for money may also bring disappointment if said accuser is indigent, unemployed with no attachable assets, all you may get is a piece of paper in the form of a judgment, not enforceable.
Answer Applies to: Illinois