If you have been charged with a crime and your charges were later dismissed, you may be wondering if you can sue. While being charged with a crime can be a stressful and overwhelming experience, being falsely accused and cleared can be equally frustrating and can have lasting consequences on your reputation and future prospects.
If you believe that you were wrongfully arrested or charged, you may be able to sue for damages. In this article, we will discuss what you need to know about suing after your charges are dismissed, including your legal options and the steps you can take to seek compensation.
Dropped vs dismissed charges: The difference
Dropped charges and dismissed charges refer to the termination of a criminal case. However, there are some key differences between the two terms.
Dropped charges refer to charges that are withdrawn by the prosecutor or the person who brought the case against you. This can happen for a variety of reasons, such as a lack of evidence or a change in circumstances. When charges are dropped, the case against you is closed and you are no longer facing prosecution.
Dismissed charges, on the other hand, refer to charges that are terminated by a judge. This can happen for a variety of reasons, such as a lack of probable cause or a violation of your constitutional rights. When charges are dismissed, the case against you is also closed and you are no longer facing prosecution.
The main difference between dropped and dismissed charges is who initiates the termination of the case. Dropped charges are initiated by the prosecutor, while dismissed charges are initiated by the judge.
Can charges be brought back up after being dismissed?
It is generally not possible for charges to be brought back up after they have been dismissed. Once a case has been dismissed, the prosecution is generally barred from bringing the same charges against the defendant again. This is because of the principle of “double jeopardy,” which prohibits a person from being tried for the same crime twice.
However, there are some limited circumstances in which charges that have been dismissed can be brought back up. For example, if new evidence emerges that was not available at the time of the dismissal, the prosecution may be able to bring the charges back up. Additionally, if the dismissal was based on a procedural error or a technicality rather than the merits of the case, the prosecution may be able to refile the charges.
It is important to note that these circumstances are rare and the burden of proof is on the prosecution to show that the charges should be brought back up. If you have had charges dismissed and are concerned about the possibility of them being brought back up, it is a good idea to consult with an attorney for guidance.
Reasons Why Criminal Charges Are Dropped or Dismissed
Having charges dropped or dismissed can bring relief and allow a person to move on with their life. There are several reasons why criminal charges may be dropped or dismissed.
Reasons for dropping charges:
- Lack of evidence: If the prosecutor determines that there is not enough evidence to prove the defendant’s guilt beyond a reasonable doubt, they may decide to drop the charges.
- Insufficient evidence: Even if there is some evidence against the defendant, it may not be enough to secure a conviction. In this case, the prosecutor may decide to drop the charges.
- Witnesses not cooperating: If key witnesses are unwilling or unable to testify, the prosecutor may decide that it is not worth pursuing the case and may drop the charges.
- Changes in circumstances: If new information or circumstances arise that significantly impact the case, the prosecutor may decide to drop the charges.
- The victim’s refusal to cooperate: In some cases, the victim may be unwilling or unable to participate in the prosecution of the case. Without the victim’s cooperation, the prosecutor may decide to drop the charges.
Reasons for dismissing charges:
- Lack of probable cause: If the judge determines that there is not enough evidence to establish probable cause for the charges, they may dismiss the case.
- Constitutional violations: If the judge determines that the defendant’s constitutional rights have been violated, they may dismiss the charges.
- Procedural errors: If there are errors or irregularities in the way the case was handled, the judge may dismiss the
Can I Sue After Dismissed Charges?
It is possible to sue after your charges have been dismissed, depending on the circumstances of your case. If you believe that you were wrongfully arrested or charged, you may be able to bring a civil lawsuit against the government or other parties involved in your arrest and prosecution.
The Supreme Court makes it easier to sue police when criminal charges are dropped when it ruled that in order to file a lawsuit, a defendant does not need to be declared innocent by a judge or jury, and prosecutors do not need to claim that they filed the case in error. The court ruled that a simple dismissal of the charges would suffice.
There are several types of civil lawsuits that you may be able to bring after your charges have been dismissed, including:
Civil rights lawsuits
If you believe that your constitutional rights were violated during your arrest or prosecution, you may be able to bring a civil rights lawsuit against the government or other parties.
Malicious prosecution lawsuits
If you believe that you were prosecuted without probable cause and with the intent to harm you, you may be able to bring a malicious prosecution lawsuit against the government or other parties.
False arrest lawsuits
If you believe that you were arrested without probable cause, you may be able to bring a false arrest lawsuit against the government or other parties.
It is important to note that these types of lawsuits can be complex and may require strong evidence to succeed. If you are considering suing after your charges have been dismissed, it is a good idea to seek the guidance of an experienced attorney.
The damages you can seek in a civil lawsuit
If you bring a civil lawsuit after your charges have been dismissed, you may be able to seek damages to compensate you for the harm you have suffered. The damages you can seek will depend on the specific circumstances of your case and the type of lawsuit you bring.
Some common types of damages that may be available in a civil lawsuit include:
- Compensation for emotional distress
If you have suffered emotional distress as a result of your wrongful arrest or prosecution, you may be able to seek compensation for this harm. - Compensation for lost wages and other financial losses: If you have suffered financial losses as a result of your wrongful arrest or prosecution, you may be able to seek compensation for these losses. This can include lost wages, medical expenses, and other costs associated with your arrest or prosecution.
- Punitive damages: In some cases, you may be able to seek punitive damages, which are designed to punish the defendant and deter future misconduct. These damages are typically only available in cases where the defendant’s conduct was particularly reckless or malicious.
It is important to note that the damages you can seek in a civil lawsuit may be limited by state law. An experienced attorney can advise you on the types of damages that may be available in your case.
Tips for suing after charges are dismissed
If you are considering suing after your charges have been dismissed, here are some tips to help you navigate the process:
- Seek the guidance of an experienced attorney: An experienced civil rights attorney can help you understand your legal options and advise you on the best course of action.
- Gather evidence of your innocence: To succeed in a civil lawsuit, you will need to prove that you were wrongfully arrested or charged. Gathering evidence of your innocence, such as witness statements and documentation of your activities at the time of your arrest, can help support your case.
- Understand the statute of limitations: There are deadlines for bringing civil lawsuits, known as the “statute of limitations.” If you miss the deadline for filing your lawsuit, you may be barred from suing. An attorney can help you understand the statute of limitations for your case.
- Be prepared for the legal process: Civil lawsuits can be complex and time-consuming. Be prepared for the legal process to take some time and be prepared to provide evidence and testimony as needed.
- Consider your goals: Before you decide to sue, consider your goals for the lawsuit. Are you seeking compensation for the harm you have suffered, or are you hoping to bring attention to a larger issue? Understanding your goals can help you determine the best course of action.
Conclusion
Suing after your charges have been dismissed can be a complex and challenging process. However, if you believe that you were wrongfully arrested or charged, it may be possible to seek justice and compensation through a civil lawsuit. An experienced attorney can help you understand your legal options and guide you through the process of suing after your charges have been dismissed.
