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  1. #1
    Join Date
    Mar 2009
    Posts
    2

    Default Can You Sue for Wrongful Prosecution if you Plea Bargain

    Ok, so this is my story.

    I'm from Erie PA, and my band played a show in Parma, OH. Some bouncers were causing situations out in the crowd while Band A was on stage, which i was playing bass for. Some scuffles occured, and when band B took stage, who i'm vocalist for, I tried my best to calm the crowd and tell them not to do anything stupid.

    I ended up getting arrested For inciting a riot even though there were no fights, and despite the fact that i made 150 kids stop and say a pledge they wouldn't fight or destroy anything. I spent 3 days in jail and 1 years going back and forth 2 hours each way to go to pre-trials or trials that inevitably got pushed back.

    In all i had 3 felony charges, F3 F4 and F5, and pleaded to an M1 charge just to end the shit after a year. I went to court probably 15 times, missing days of work that whole time, missed a huge chunk of money by not being able to take a position, was denied working for a school district because of my record (even though i don't have a felony) and today my band got denied entry to canada and i cannot go there for 10 years.

    Since i got arrested, i wanted to counter sue, because i was innocent and they had no evidence on me. I should have gone to trial, but i got tired of the backwards ohio legal system. Do i have any grounds for a counter suit in civil court against the bar, or would i automatically lose because i plead out?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Counter Sue This Bar

    Quote Quoting xderekskix
    View Post
    , or would i automatically lose because i plead out?
    pretty much. You did admit to guilt in court so how can you claim any sort of false charges?

  3. #3
    Join Date
    Mar 2009
    Posts
    2

    Default Re: Can I Counter Sue This Bar

    Quote Quoting jk
    View Post
    pretty much. You did admit to guilt in court so how can you claim any sort of false charges?
    Because they wouldn't be able to bring any evidence but incongruent police statements that don't match up to themselves.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Sue Over an Unfair Criminal Charge

    but you plead guilty to a criminal charge.That means there were no false charges.

    You see, the whole problem is this:

    Since i got arrested, i wanted to counter sue, because i was innocent and they had no evidence on me.
    No, you are not innocent. You plead guilty so you are guilty. You cannot sue for false charges or malicious prosecution because, again, you plead and are therefor, guilty.

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