Pineville, WV asked in Criminal Law for West Virginia

Q: Can you sue court and individual for false statement to police,imprisonment and for the court having knowledge of it.

My husband were arrested for grand larceny because a man said he owned the property they were junking out an old truck that was in the river. My husband was told by family that it was owned by a recently deceased freind of his. They plead to petit larcany but we now believe that the man who said it was his was his property is not the owner and that the court was aware of it because the judge stated it during sentencing. My husband and friend were sent to jail recently for petit larceny when the procecutor recommened probation. In fact they gave my husband 4 month and 36 month probation which is more then the max 1 year prison sentence. What if the man bought it after he pressed charges against my husband and friend?

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1 Lawyer Answer

A: You cannot sue the court. You cannot sue the person either, because the defendant plead to the charge.

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