Can I Sue If My Criminal Case is Dismissed?
Whether you are innocent or had a mistaken accusation, going through a criminal case can be a stressful and worrying experience. When the prosecutor decides to dismiss the case, it can be both a relief and a curious question in your mind, "Can I sue now?" Well, the short answer is no, you can’t sue because of the dismissal in most cases. But don’t get it wrong – there might be exceptions! In this article, we will delve into the answers and explain why.
But Why Can’t I Sue?
The primary reason you can’t sue is the doctrine of pro tanto estoppel. Simply put, it means you can’t bring a later claim when the court earlier decided you were not involved in the alleged crime and dismissed the case. Imagine you are accused of murdering someone and your case was dismissed. You can’t turn around and sue for wrongful accusations or defamation on the grounds that the government is accusing you of crimes.
Another significant reason no lawsuits are authorized is because the Speech or Debate Clause typically prevents suing government officials "for any speech, debate, or vote to the extent reasonably apprehended from the subject or contingency of the debate." This clause, enshrined in Article I, section 6, clause 1 of the US Constitution, provides a safe harbour for public officials to investigate, prosecute, and plead cases in court without exposing themselves to legal liability.
When Can You Sue?
While not directly because of the dismissed criminal case, there could be exceptions when you can consider suing. For instance,
• Excessive Bail or Excessive Pre-Trail Detention: Even if the case is dropped, you can still hold the authorities accountable for charging you excessively high bail amounts or holding you in prolonged pre-trial detention contrary to constitutional protections.
• Misconduct by Legal Representatives: If your attorney or defense counsel performed poorly, committed malpractice, or deceived you, you might have grounds for a disciplinary action or even legal malpractice suit.
• Improper or Discriminatory Investigation Procedures: The Fourth and Fourteenth Amendments may provide the basis for your suit against the government. You may have grounds against law enforcement or investigators engaging in excessive force, or using tactics deemed racist or biased.
• Libel or Defamation: As the case went through public media, libelous statements or information about your involvement in criminal activity can be considered defamation. You are free to seek legal counsel and proceed with a court case, focusing on proof of malice or actual harm.
Important points:
: A common myth is that all dismissals permit a civil lawsuit due to incompetency on the part of the government. However, most dismissal cases are considered an all-encompassing defense that protects the officers from future claims.
: Even in cases where police officers made mistakes or showed prejudice, simply having your case dismissed doesn’t necessarily mean your claim can be pursued*.
| Dismissed Criminal Cases and Potential Solutions
| **Reasons for Dismissal | Actions You Can Pursue | Explanation | Timeframe or Statute of Limitation |
|---|---|---|---|
| Lack of Evidence | Exonerate | No strong evidence leads to dismissal or a wrongful conviction. Now you may want to set the record straight. Look into seeking an invalidation or expunge of the criminal conviction, making it as if the arrest never occurred. | 15 years from the date the case was dismissed |
| Inconsistencies in Allegations | Wrongful Accusation | Unsubstantiated accounts led to dismissal. Suing the accuser or even the government/may not be feasible yet, as this would come under defamation . Wait until the claims become specific, and they might lose legal protection_ | Within the statute of limitations, typically 5-6 years |
| Statute of Limitation Expired | False Accusation | No more evidence, an expired time limit, – now there’s no reasonable cause for a criminal charges. Focus on obtaining compensation instead, either through a mediation or by suing the malicious accuser_ | Usually within the 5-year window_ |
Conclusion:
Having your criminal case dismissed does not automatically empower you to sue. Prioritize rectifying any civil issues first, such as defamation claims, and refrain from jumping into legal repercussions based on pro toto estoppel. Once the dismissal precedes legal proceedings, pursue actions tailored to your experience. With a solid plan, consider exploring avenues available under constitutional rights, malicious prosecution, or even misconduct claims.
Before taking significant steps, consult with knowledgeable legal experts who can appraise the unique circumstances surrounding your dismissive criminal case. By following the guidelines explained here, you may still be able to obtain the justice needed, potentially through damages or reparations instead.
In summary – a dismissed criminal case does NOT grant grounds for a claim, with the exception discussed in the article. Consult legal authorities, weigh evidence, and determine the perfect path to seek justice depending on the specific circumstances of your arrest.
