Who can I sue after charges were brought against me due to false accusations? 3 Answers as of July 18, 2011

I am currently facing two felony charges for Solicitation to commit a crime, and solicitation to commit murder. These are 653(a) and 653(b) in California. In short I look forward to being cleared of my charges but the witness who went to the police and was part of their plan to set me up (at their request he wore a wire and contacted me). I look forward to my physical evidence proving him to be a liar but when this is all over I want to know who I sue and for what. I want this to ruin their lives the way it has ruined mine. I was arrested at work, my plea of not guilty was on the front page of our local paper the next day and all because a childhood friend told lies to the police and set me up. Who do I go for first?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Who can you sue? Probably no one. Only if you were to get the charges dismissed entirely, with a declaration of factual innocence from the court, is there any potential for suing someone, and even then suit is quite unlikely. You said he wore a wire meaning that the charges against you are based upon the confession statements you made on tape, not on what someone told the police that started the investigation. What you do first is defend the charges to try to keep yourself out of jail/prison. Focus on reality, not wishful thinking that this is all going to magically go away. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 7/18/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You can try, but the chances of you succeeding is close to nill. If serious felony charges have been filed against you by the DA's office, then whether the accusations/charges are false is a matter of dispute. Bottom line is, I would worry about the felonies first. This suing business can wait.
Answer Applies to: California
Replied: 7/16/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
You can sue anyone you like. If you believe that you can prove that the other party defamed you or did this to intentionally harm your reputation you should consult with a civil lawyer to discuss the case with him now.
Answer Applies to: California
Replied: 7/16/2011
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