Yea I was wrongfully accused of a sexual battery charge. I paid a lawyer 2000 dollars and had to pay 1400 to get out of jail. I was not allowed to get a dream job I have been waiting forever to get because of this pending chargel. I went to court for it and the girl never showed up because she knew it was bull crap and they pushed for a dismissal and was expunged off my record. I am now about 4000 in debit and was wondering if there is anything I can do like countersue to get some of this money back? It all happened in Nashville, Tn and any help would be very appreciated. Thanks Allen

You can sue her for fails accusations but you would need to win the suit and show that you suffered damages if you hope to collect anything. Consult a lawyer, don't try this on your own.

A suit may not be worth it in the end because you will be paying another attorney to sue her for false accusations.

Probably best to learn from the experience and get some new friends and a new lifestyle where you aren't in this type of situation again.

I don't see a countersuit because I don't see an original suit - in a countersuit they sue you, you sue them in return.

Could you sue her for everything from defamation to losing your job? Sure. Do I think your Attorney fees will be more than you will collect? Yes. HOWEVER, if you are a professional, you lost a lot of money which you will never get back (no other jobs pay the same money) I think an Attorney COULD get some type of Judgment for you.

Now we get to whether she can/will pay it because this is nothing insurance covers.

I have no idea what the terms of dismissal were but you have a good chance, if you pursue her, that she will come back with the charges - again - against you.

What were the circumstances? He said/she said?

Don't see you have much of a civil case unless you can prove damages. What are your damages anyway? Not being "allowed" to get your dream job? It would be different if you were fired from your dream job versus you didn't get it so don't see any triable action on that aspect. Also, you paid for a criminal attorney and you also paid to get out of jail. Those are nonrefundable items and non suiable items as well. That's the price you pay to walk free. Get over it and pursue another dream job instead.

Also how was the case dismissed ? Can they refile,

And explunged?? You only explunge convictions, so not sure what you are talking about

Hello d:

I think you've got a hell of a case. But, like everybody is saying, you may not have major damages, an attorney is going to cost a fortune, and you might not be able to collect.

excon

Hello again, D:

Then again, on second thought... If this case got all the way to a hearing on the charges, and the only witness they had didn't show, then something went very wrong.

I couldn't say whether it was police or prosecutorial misconduct... But, I couldn't say it WASN'T either.

The responsibility for what went wrong does NOT lie with the girl. It lies with the authorities, and they have DEEP pockets. I'd look into it further.

excon

Right, and I don't see OP's Attorney forcing the issue, adjourning and dragging the person who made the charges into Court to answer. When it's a non appearance the argument is often "I was afraid of him and so -" so now local Courts (because the Police press charges, not the other party) subpoena and force the other party into Court as a witness.

So I don't understand what happened here.

Also - if DA does his/her best to drag witness into Court but witness is somehow missing, then there is no liability/responsibility for false arrest, false prosecution.

?

Quote:

---

Originally Posted by JudyKayTee

Also - if DA does his/her best to drag witness into Court but witness is somehow missing, then there is no liability/responsibility for false arrest, false prosecution.??

---

Hello again, Jude:

Criminal cases are NOT he said, she said. For the case to have proceeded this far, corroborating evidence of some sort would be a required element of the crime. There is a rape kit that does or doesn't identify the OP. Or there's a rape kit that MIS-identifies the OP. Or there wasn't one taken.

There has to be some other evidence, that is either WRONG, or wasn't gathered correctly, or was fabricated. If there wasn't, that in and of itself, is prosecutorial misconduct.

If the evidence of a crime is overwhelming, the prosecutor could have subpoenaed the witness, or prepared his witness better. He absolutely should have known he was dealing with a flake... Remember Duke??

None of this says with certainty that there WAS misconduct. There was, at the very least, incompetence. I'm just suggesting that the OP look a little further into whether it was just incompetence, or whether it was illegal.

excon

I agree with you - my post agreed with you. I'm just surprised that the DA didn't take more/better steps to prepare that office from a lawsuit when things went South.