If we won a criminal defense charge of assault all charges have been dismissed, can we go after the party that filed the frivolous complaint for our attorney’s fees?

Or do we go after the city for prosecuting the complaint? The District Attorney reviewed all evidence and fully dismissed all charges. Can this be handled in Small Claims court as the amount is less than $7500?

Asked on July 22, 2015 under Criminal Law, Colorado


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The prosecutor will have prosecutorial immunity.. so you won't be able to sue the prosecutor.  You do have a potential complaint against the person that filed the complaint for defamation.  Your damages would include the harm to your reputation and the amount of your attorney's fees.  You can start in small claims, but you will probably ended up in a higher court considering the complexity of the a defamation suit.

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