charged with 5 felonies by ex boyfriend, spent 2weeks in jail for it.

In the end he didnt show up for court and tha charges were droped. Can i sue him for loss of work and pain and suffering

Asked on June 3, 2009 under Criminal Law, Maryland

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It's possible, but it's not easy.  You would be suing him for malicious prosecution.  Part of what you would have to prove is simple, by the dismissal of the charges against you.  The hard part would be proving that the charges were completely unjustified, without probable cause.  You would also have to prove that the charges were filed for an improper purpose, just to make you suffer, although with an ex boyfriend, that doesn't sound terribly difficult.

Often, people want to file lawsuits like this, but can't satisfy the requirement of "special damages."  The courts don't like lawsuits that are based on other lawsuits, because that tends to make people less likely to go to the courts in the first place, which is not a good thing.  So malicious prosecution suits have this extra requirment, which means that you have to have had the malicious charges seriously interfere with your liberty or property.  In your case, two weeks in jail is more than enough.

Please, see a qualified attorney near you, give him or her all the facts, for reliable advice on your rights and what to do next.  One place to find a lawyer is our website, http://attorneypages.com


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