Can I sue the person who sued me? 6 Answers as of March 21, 2013

I am currently being charged with robbery. My lawyer thinks it’s best if we go with a discharge since the case is going on two years and trial won’t be for another year. This is my second lawyer for this case and I’ve already given out $20,000 towards. There’s no proven evidence and I feel like I'm being bullied since it’s my first offense. I believe there trying to make an example out of me. Because of this ordeal, I’ve been diagnosed with depression. I've had three miscarriages, and have missed lots of days of work due to being mentally ill. This case is still in the works and more money is being dished out. Is there any way I can sue the person that charged me for time money and dealing with depression especially with the loss of three children?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
You would have to win the trial first. Then you would have to prove the person lied about the matter just to get you.
Answer Applies to: Michigan
Replied: 3/21/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
First of all, there is no legal term of a "discharge." Second, I doubt that the prosecutor has "no proven evidence" as you were either indited or they ran a felony hearing which means a judge or Grand Jury found there was sufficient evidence to go to trial. Third, you will not be able to sue anyone unless it was a "malicious prosecution" where you were being set up and the police knew it all along.
Answer Applies to: New York
Replied: 3/20/2013
Henry Lebensbaum | Henry Lebensbaum
It is odd about the time. I think you should get another opinion
Answer Applies to: Massachusetts
Replied: 3/20/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You can sue the accuser, but the accuser has not sued you. The accuser has reported the crime to the police, and the prosecutor is prosecuting you criminally.
Answer Applies to: Georgia
Replied: 3/19/2013
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
There does not appear to be mush that would support a civil lawsuit. Certainly, defamation is a possibility, but it would be difficult to prove, show damages or collect.
Answer Applies to: Minnesota
Replied: 3/19/2013
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to answer such as is the person that charged you a police officer or a prosecuting attorney. Those are generally the only people that have authority to file criminal charges. By the person that charged you, did you mean somebody who went to the police or prosecuting attorney to have them file charges. You should consult a Civil attorney in addition to talking to your criminal defense attorney, to see if can file a civil case.
    Answer Applies to: New York
    Replied: 3/19/2013
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