Quoting rhall8355
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My question involves criminal law for the state of: Kansas
I was arrested on 8/2/2008 fro Aggravated Assault. I was held over in jail until 8/4/2008 when I was released on bail ($2500). I retained a criminal defencse attorney to represent me in this matter. My first appearance was 8/18/2008 at which time I discovered that the D.A. had not filed any charges. My defense attorney told me that the D.A. probably does not have enough evidence to charge me with the crime that I was arrested for. This matter has cost me $6000 to retain an attorney, $250 for a bondsman, 3 weeks off of work, as well as, other damages. Can I file a civil action against the accuser and/or the arresting officier in an attempt to recapture my losses? Thank you.
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Just because the DA doesn't feel they can make a case due to lack of evidence doesn't mean the crime charged didn't occur, or that the arrest was made without probable cause. If the accuser falsified statements that resulted in your arrest, the accuser could face criminal charges of their own, and, such mis-statements might open the door for you to bring a civil suit against the accuser. But if you take a civil case to court against the accuser, and the judge is convinced that your actions DID constitute some level of assault, you'll be throwing good money away.
False Criminal Charges
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