Ask Experts Questions for FREE Help !
Ask
    Racelwithnoh's Avatar
    Racelwithnoh Posts: 19, Reputation: 1
    New Member
     
    #1

    Mar 2, 2012, 09:42 AM
    Can I recoup costs for malicious prosecution if case dismissed without prejudice
    OK, I was the respondent in a criminal harassment case brought only because the person claiming to be harassed wanted to harass me and has a real control issue about wanting to get me completely out of town, not just 100 feet away. It was a case where I saw her at a stop light in town both of us in vehicles and I just went on my way after the light changed. I didn't even make eye contact after initial recognition I didn't gesture or anything. But her husband knows the local cop well who came after me and swore at me as he gave me the charges he also stated that if this woman called him again in tears as she was he would immediately arrest me and throw me into jail. (why she was in tears is beyond my comprehension, I've never done a damn thing to this woman, she's a drama queen... )Unfortunately, the original protection order I should have appealed as it all had turned on I think me getting upset in court with her many many lies and I never should have showed emotion but the judge just wanted to get out of there, I think, so he granted it, the court had run very long that day. But I got bad advice that it'd cost me $2500 to appeal, and so now I live with this control freak thinking she owns me. It all stems from a petty one-sided cat fight that I had pretty much ignored but it evidently escalated because she doesn't like to be ignored. She created a stack of bogus BS to bring to court and I don't understand why she needed no evidence other than her say so. Accused me of driving past her house really slowly--she lives on a main street of town on a 25 mph road. You can't drive fast. Anyway, the violation case of the criminal harassment got dismissed immediately without prejudice for no probable cause as violation must be willful, not accidental. My attorney said it's almost unheard of for that to happen so quickly and he also said that it's rare if ever to dismiss with prejudice because judge doesn't like stepping on prosecutor's toes. It's politics, then, I guess that it's without prejudice instead of with. But I don't like this hanging over my head. I am a law-abiding citizen dragged into this drama. So I want to ask for my defense money back on the basis of a malicious prosecution because I've no criminal record ever and I got an attorney when threatened by cop with arrest and I feared for my safety but it was expensive and I put it on credit card. But case only got to arraignment. I didn't even get read my rights. I had to take off work to go. And it's evidently left open for prosecutor to bring back, which frankly I consider as more harassment potential against me. So does that mean I have to wait out the time for prosecutor to bring it back before it is officially really dismissed and thus malicious or what? And I don't want to remind prosecutor about me since I don't trust anybody now so I won't know how long he has to bring it back. This woman lies and has BFFs she mind-control who will probably create more lies. (I did ask for a mutual protection but judge tabled it, instructing this woman not to manipulate the current order or he'd be very upset with her.) HELP!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Mar 2, 2012, 10:02 AM
    So sue her in Small Claims Court, if that is your question.

    What does your Attorney say?

    I'm confused - the drama queen got a restraining order with no evidence against you? That's what your Attorney should be working on.
    Racelwithnoh's Avatar
    Racelwithnoh Posts: 19, Reputation: 1
    New Member
     
    #3

    Mar 2, 2012, 10:46 AM
    Hello, JudyKayTee, I am trying not to spend so much money on my attorney. (Yes, I know stupid! But I am broke! Hope you can understand what it is like for me.) I had none in the original protection order case. Then when surprised the protection order was granted, consulted a civil attorney who wanted $2500 retainer to file an appeal. I decided not to after paying even the big consultation fee, figuring I had never harassed this person to begin with and I had no intention of harassing her in the future and I'd be OK. I was not safe but sorry. Now I have a criminal attorney (never in my life thought I'd need to hire that!) who actually cost less than that other attorney but who I think made the judge see me in better light and the case dismissed really w/out my lawyer doing much of anything (still it cost me a lot of money to have him sit there. Money I do not regret but would like to know how to get it back if I am legally entitled to.) What I am wondering is if I poke the bee hive with this request will that dismissed action be brought back again? (I am still not understanding why it wasn't dismissed with no reason to bring it back but lawyer said at the time it's just politics. But I am in real fear since so little here makes any sense to me.) This is WA courts, by the way.
    Racelwithnoh's Avatar
    Racelwithnoh Posts: 19, Reputation: 1
    New Member
     
    #4

    Mar 2, 2012, 10:48 AM
    I am of the understanding that I have missed my chance to appeal the original order. It was 5 months ago.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #5

    Mar 2, 2012, 11:10 AM
    I sympathize with you - and I work in the legal field. When/how do you know it's time to get an Attorney, who do you hire, how much do you pay, can you trust that person? Some are - like all fields - better than others.

    And I do realize if you didn't do anything it's hard to come to the conclusion that maybe, just maybe, you should have an Attorney. I always think that innocence is apparent. I know it isn't.

    Do I think you might be poking a nest with a sharp stick (love the visual on that)? Yes. Should that be the way it is? No. Can it be the way it is? Yes. I wonder if you have a case cocerning harassment against the other person IF every time she lays eyes on you she's going to run (crying) to the Police? Do you carry, for example, a pocket recorder and/or camera? You may have to be more on the defense than the offense. And, yes, someone who has an Order against you pretty much holds all the cards.

    You have several avenues. Have you written to the Attorney, asked for a detailed bill, then followed up with a request for a refund? A nice, polite, "I don't know how we got here" letter is a good start. You can also report the Attorney to the Bar Association if there is something that wasn't done that should have been done (sometimes an Attorney will agree to a disposition without consulting with his/her client - not allowed) or the bill is false or something along those lines. And there's always Small Claims Court. Attorneys HATE that type of publicity, in my area the Judges pretty much push the Attorney to settle. Of course, your request for a "refund" has to be reasonable.

    I'd be more concerned that the Crazy Lady is going to be calling the shots every time you leave your house. I think I'd get an Attorney on board for that issue - and I would not appeal the last decision for fear of starting something - and at the same time ask about legal fees in the past.

    I'm the first to cry for justice - except when I think that cry is going to bite me in... a body part.
    Racelwithnoh's Avatar
    Racelwithnoh Posts: 19, Reputation: 1
    New Member
     
    #6

    Mar 2, 2012, 11:47 AM
    JudyKayTee, Thank you again. And again. You just plain helped me feel a tiny bit better knowing someone understood me.

    Yes, on advice of a friend and a wonderful Youtube about knowing your rights, I do have a voice recorder on me at all times now and know I must announce I am recording to use it. I am fearful of having a camera as it could mean I put her under surveillance which is in my order. I want nothing twisting to her advantage to hang myself. I am scared to go to town and that's what she wants, to be sure.

    Frustrated that even as the order against me was granted the judge said if it is manipulated I can bring a protection order of my own (almost like he suspected it would be), so when I had criminal charges against me I did file (and pay for!! ) a procection request against her and the judge only tabled that. My attorney thinks judge doesn't want to admit his mistake in original ordere and is threatening it'll come back to him and he'll be mad if she does it again, thinking that will handle her. I asked in court what if cop throws me in jail? He said, well, it'll come back to my court. He doesn't GET that I don't want to BE thrown in jail to being with. Scary Scary Scary.

    I'm sorry, not entirely sure I comprehend your advice re the attorney. The criminal one I have now although he did little to get the case dismissed, I still see him as having helped me by being there perhaps to let court know I took this seriously. I'm guessing in lawyer world he did earn his money in however brief representation. He told me he could make it go away for $X and he did. I don't think it was billed by the hour thing. I also think he has written a letter to the cop and the city stating that cop should have known mens rea (not sure I'm saying this right) that my act had to be willful and he shouldn't threaten to throw me in jail for accidental encounter. (Although I'm not in favor of PO-ing a cop now!) The civil attorney other than the consult I never hired. My criminal attorney now says he also thinks I should have appealed and that it would have been a simple paper to file and shouldn't have cost anywhere near $2500. But again, I can't go back to that. And you are saying not to. But the attorney I have now I guess earned his money but my thought is if it was decided w/o probable cause I shouldn't have had to even spend that money right? But it's not lawyer's fault, it's either city/cop/or petitioner's fault. (But I guess it was my decision to hire the attorney for my defense, huh... I'm guessing there's no help for me. If I hadn't hired one, would I have been appointed a free one? Sorry I don't know anything about being a criminal!)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #7

    Mar 2, 2012, 11:59 AM
    I know - we should all take "in case I'm accused of something" classes in college.

    Your Attorney must have charged you a flat fee, per appearance, as opposed to an hourly fee. Hmm - it happens but that suggestion is now out the window.

    I'm not telling you not to revisit the decision - I just don't think I would. Sometimes being right and being out of jail are not the same thing.

    I work with Cops. I've loved Cops, lived with Cops, socialized with Cops. I have some in my family. Would I cross most of them? No. Sorry, but that's how I feel. It's hard to rise above being criticized and when you have the power to make the other person sweat - ? I'm sure you get where I'm going.

    Don't know if you were eligible for free representation or not. Hard to say without knowing a lot of info you should not post.

    I wonder if this scenario is somehow a violation of your civil rights? Is there a civil rights group in your Town/City? The LOVE to tangle with the Police and judges, find unfairness and discrimination. If you can get them interested it's a whole different ballgame.

    I'm off to work - let me think about this and get back to you. I didn't want you to think I had just disappeared mid-conversation.

    Someone else should come along with some thoughts - fingers crossed.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #8

    Mar 3, 2012, 07:42 AM
    Quote Originally Posted by Racelwithnoh View Post
    ... He told me he could make it go away for $X and he did. I don't think it was billed by the hour thing. ...
    If you hire an attorney to represent you in a criminal case you should get a fee agreement. If an attorney promises to "make it go away" for a large bundle of cash, and no written agreement, I think there is something wrong.
    Racelwithnoh's Avatar
    Racelwithnoh Posts: 19, Reputation: 1
    New Member
     
    #9

    Mar 4, 2012, 12:41 PM
    If an attorney promises to "make it go away" for a large bundle of cash, and no written agreement, I think there is something wrong.
    Oh, great. Now I at least had thought I had a useful criminal attorney but now it looks like, he, too is ripping me off? Gosh. By the way now I have heard through listening to another lawyer chatting outside his office that the original civil attorney who wanted $2500 to appeal the protection order has now been brought up on charges of "predatory billing." It's no wonder...

    But I don't really care about these lawyer guys. I just want this legal stuff to stop and for me to get some genuine justice here, (and yet not end up in jail like JudyKayTee warns) to include getting my money back that I've had to spend on these lawyers. And I feel the real person responsible is the crazy lady who's brought all this against me as well as the city and the cop who wrote the charges up. I have been reading about malicious prosecution and see that it is a tort which can get me damages for all this suffering I've been through--legals expenses, afraid to go to town, etc. JudyKayTee hits the nail on the head, this crazy woman owns me thanks to this judge who granted the protection order and with the cop saying he'd arrest me for this accidental encounter when the law says willful disobedience. So my question is how do I go about a malicious prosecution case and if it was dismissed without prejudice for no probable cause how long in WA state must I wait for that to be a final closing of that case--or is it forever open ended? Is there a statute of limitations for the RCW 10.14.120 that prosecutor has to bring back dismissal w/out prejudice and if he doesn't do it in that time frame then it is final that it is closed w/out probable cause?(and judge I have on hearing tape chastizing this woman for bringing the cop into all this and saying if this order is manipulated again --he doesn't right out say she manipulated it this time but in saying 'again' he sort of says that.

    And considering what I've got here as far as lawyers how DO I find a good one? With experience and capable and willing to work on contingent basis?
    Anybody?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #10

    Mar 4, 2012, 12:58 PM
    In general, a person reports a crime against them. The DA office decides if there is enough evidence to proceed with a case.

    You can not sue for your defense costs against the other person since the DA also agreed there was enough evidence. So how do you sue the other person, they will defend in saying they did not prosecute you that was the DA. So you actual case is against the DA office if they went forward with a case with no evidence and that will take an attorney.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #11

    Mar 4, 2012, 02:01 PM
    Concerning Attorneys - they work for you, not the other way around. I think you need to sit down (and ask for the cost of the consult right up front), explain (as thoroughly BUT quickly as you can) what happened and ask for advice/assistance. If you simply don't like the Attorney (or the staff), move on. You need to find someone who will both hear you AND give you sound legal advice. You don't want to hear there's no case when it's the other way around. I think you know what I mean.

    Explain that the woman with the Order is holding your leash (so to speak). What can you do?

    I think you express your concerns right up front - what if you go back to Court and the Police/Judge take an attitude toward you? Could this be moved to another jurisdiction? What happens next?

    The only way this is going to be resolved is to find one Attorney or law firm which understands, will work with you, will bill BY THE HOUR. I don't like flat fees, and more and more Attorneys are charging flat fees in NY. I want to know how long/how much.

    I also mention the law firm staff - I have a very small matter in Court right now. Every single time I call my Attorney (who is super good, highly recommended) I get the (pardon the phrase) dunce who answers his phones. I swear I could leave a message that my house is on fire and she would say, "Let me see if I have this right. Someone has been fired?" I am moving away from that firm. You don't have to marry (or sleep with) your Attorney and his/her staff BUT they need to be able to work with you - because they work for you.

    Does this make sense?

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

What proves malicious intent in misappropriation case? [ 5 Answers ]

If we cannot know the intent at the time of the misappropriation because it was covert, can we use these surrounding circumstances to imply malicious intent legally or is this just my wishful thinking? Here's the story: I was an active PTO volunteer. Our school PTO went dormant (not dissolved)...

What is procedure to file a mtion for frivolous claim/civil malicious prosecution? [ 4 Answers ]

OK. Small claims here. Person suing me I have more than adequate proof that his claim is totally unfounded, including I already won my case against him in which judgment actually voided the contract under which he claims we owe him (he was found guilty of fraud) and despite 4 requests by us to...

Dismissed without prejudice [ 1 Answers ]

I was suited in one county for a credit card balance. I went to court and the attorneys didn't have all of the paperwork I requested to see as evidence. It was later dismissed without prejudice. About a 2 years later the same attorneys are suing me again in a different county for the same credit...

Dismissed with prejudice [ 1 Answers ]

I have a question. I was charged early this year with a court-martial offense while on active duty in the military. The charge was later "dismissed with prejudice." It never was referred to a court-martial so I was never arraigned and so forth. However, there was an investigation that led to the...

DOJ Dismisses Felony Tax Prosecution with prejudice. [ 1 Answers ]

On May 12, 2006 in Peoria, Illinois, the attorney for the U.S. Department of Justice (DOJ) begged the court to dismiss all charges against IRS victim Robert Lawrence in federal District Court. The motion for dismissal came on the heels of a surprise tactic by Lawrence’s defense attorney Oscar...


View more questions Search