If a person is arrested on false charges and the case is dismissed, can they seek reimbursement for bail and legal fees?

My son was arrested on false charges, no investigation was done, The case was dismissed. His bail was set at $10,000 cash. I paid a bondsman $3,333. The lawyer fees were around $2,000. Can I take the accuser to court to seek reimbursement for all the money I put out? If I can go to court, which court should I go to?

Asked on November 3, 2011 under Criminal Law, Delaware

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your son was arrested based upon false information by an accuser and the case was dismissed as a result with no conviction or guilty plea, you son can bring a civil action against the accuser for reimbursement of the costs of defense, attorneys fees, accrued interest, emotional distress as well as all other damages.

The action would have to be filed by your son against the accuser. Potentially you might wish to discuss the practicalities of such a suggested civil action with the criminal defense attorney that represented your son in the dismissed action.

Good luck.


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