You can sue anyone for anything. Sorry I don't know who to recommend lawyer-wise, but I'm sure someone will take it up for you. Remember that you're gonna have to pay the lawyer to take the case, and there's no guarantee that you will recover any $$ from the suit.
If you were found not guilty, you mightbe able to sue to recover the cost of your defense. If you paid less than the maximum amount you could recover in small claims court, that would be the simplest route to take. With a "Not Guilty" verdict in hand, that would constitute prima facie evidence that you wre wronged and should recover. COLLECTING on the judgement is an entirely different matter. At best, you might be able to get the other party to set up some type of restitution agreement (if possible, have this as part of a court order and paid through the court. If the payee defaults, he is then liable to be held in contempt of court) Of course, you could always get a judgement for the recovery, and never recieve a dime.... YMMV
Basically since a dingleberry took out charges on you for trespassing and took you to court I would assume that you went to criminal court, right???? You are intitled take your case to small claims court before a magistrate. The magistrate will decide upon the evidence presented if you should recover your $. The magistrate will listen to both sides and render a decision. I am a court reporter and I have had to work in the small claims courts several times. I sat in on a small claims case last year where someone accused a neighbor of stalking. The accuser never showed up for court and the magistrate put a lien on this person's property. So there is a lesson to be learned here. If your a accuser make sure that when you go to court you have proof (message board postings are not proof) and if your the accused and your sued make sure you have proof of your innocence. I wish you luck, and you dont need a bull dog attorney to get your money back they just make the judges/magistrates mad as heck!!! twitch please excuse typos, my friends daughter had her baby last night and I have been up since friday morning
Yes you can sue for damages. The cost of the attorney and whatever it cost to prove your innocence. Where you arrested and held overnight or just taken to the magistrate and had to sign a paper you would appear in court. Did you miss any work? If you did miss work you can sue for lost of wages. Now listen just because you sue doesnt mean you will get that. What it can mean is the person who sued will be slapped with a hefty penalty for making false claims. The case I heard in court the neighbor sued another neighbor for alleged stalking. In criminal court the case was dismissed because the neighbor only had statements made on a message board. The accused provided the judge with her ip address and they were compared to the one recorded by the message board and they were not the same ones. At this point the accused went to the magistrate and sued for attorney fees. The accused didnt recover her money but the magistrate slapped a lien on the accuser's property for not showing up the day of the hearing. So basically you might not recover a darn cent but might just be satisfied that this dingleberry is slapped with a hefty penalty for making a false charge. good luck twitch
