I was charged with sexual assault, yet I was innocent. I spend 7 1/2 months in jail awaiting trial to be found not guilty by a judge Ontario Supreme court. At the end of the trial the judge made reference to why the prosicutor had not researched my case for I would have been released 5 months prior at my preliminary hearing, for the prosicutor to reply that the job of the police was to research and investigate the alligations. Had either side, the prosicutor or the police done a proper investigation, they would have found medical documentations verifying that the party that I was accused of sexually assaulting, was still a virgin 4 years after the date of the alligation. Yet no one found those documents, yet I have them in my possession, and the documents are by the Children's Aid Society, and the hospital. How can I go abouts suing and to whom do I sue? The Police for not conducting a proper investigation, the Children's Aid Society for not relinquishing this information, the Prosicutor for not finding this information or the party that charged me? What I lost was my son (custody), friends, and family for they believed those accusations, even after I was exonerated, as well as a trucking contract for 4 years with one of the largest companies in the world. I am fairly well educated, yet I have had my ups and downs because of this atrocity, suicide attempt, loose of weight, my ex will not even allow me to see my son because the day I was arrested, the CAS (Childrens Aid Society) gave my ex the rights to file for full custody of him, I was incarcerated thus not able to go to court, so she was granted full custody of him. My criminal lawyer was saying its not worth suing because I won't get anything (money wise) yet if I sued and won my case would that not give a judge in family courts reasonable doubt to overturn the ruling of custody of my son?

Get an attorney. Anyone can sue over anything. The question is whether they can win. If you have documents that proved your innocence and you offered or referred to those documents to the police or prosecutor and they refused to check them, then I think you have a case for false arrest.

Quote:

---

Originally Posted by tooolddad

My criminal lawyer was saying its not worth suing because I wont get anything (money wise) yet if I sued and won my case would that not give a judge in family courts reasonable doubt to overturn the ruling of custody of my son?

---

Hello t:

Your criminal attorney had a responsibility to do an investigation TOO, so he's as responsible for your problem as the cops and the prosecutor... I only point that out, so that you understand his advice isn't worth CRAP!

You are the victim of a malicious and fraudulent prosecution. I'd sue, and I'd sue BIG! Who do you sue?? Your lawyer will know.

excon

Where was YOUR attorney ? Why did YOUR attorney not find and produce this evidence and ask for charges to be dropped.

My lawyer did get the evidence, which was what got me exonerated of all charges. But the CAS did refused all access to the files until a week before my trial.

Hello excon
My lawyer did put in a legal letter to the CAS for documentation, but they with held everything until 1 week prior to my trial.

First, please do not use the comments feature to post follow-up. Use the Answer this Question options.

Your problem is you need to prove the prosecutor was aware of the evidence exonerating you and withheld it. If you can you will win big.

Ok, first, at my trial, it was supposed to last 7 days, on the second day the judge stopped all proceedings and ended it after the prosecutor was done her deliberation and all her witnesses, he(the judge) stated that there was no way my case should have come up for trial. He focused right on the prosecutor and laid into her, first off this is deffinately a he said/she said case, second there is no physical proof, that's when my lawyer stood up and said that there was physical proof, he(my lawyer) gave the medical documents to the people that sit in front of the judge, they in turn gave it to the judge, that's when he got very upset and started questioning the prosecutors credentials, and asked if she was aware of these medical documents, she stated she was, but they seemed irrelivant to my case. The judge then went on to add that I should have never been held incarcerated for such an open and shut case, that the procetures taking to incarcerate me were much more attentive then the investigation was. He appologized for my incarceration and released me right from his courtroom. Now second, I know that if I try and sue the police, I will most likely find myself being stopped for a traffic infraction, and thus finding a bullet in my head for carrying a conceeled weapon, in which I do not, but as for the prosecutor and the party that alleged that I did this horrendious crime, could I not sue them?

Every time you post information you make your case stronger. If you have the transcript of the judges admonishing to the prosecutor, this becomes almost a slam dunk.

We've already told you that you have a case. What you need to do is present this all to an attorney who can tell you who to sue.