Boston, MA asked in Criminal Law for New York

Q: Can I sue or have charges filed against a person acting on behalf of a business, that made false statements in court?

My equipment and tools were seized by the police, the two charges I received were felony charges. I had two pieces of equipment that I purchased from an ABC rental company over 10 years ago. I had to dig through mountains of paperwork to find my reciepts and prove my innocence in court. The manager gave sworn statements claiming the items went missing from their inventory in 2013. I purchased both pieces in 2001 and 2003, with orginal reciepts. The statute of limitations was far exceeded even if I "rented the items" and never brought them back. There were no police reports from the time they went "missing" and they just simply signed statements in 2016 saying they were stolen. I proved my innocence and no charges have been filed against the magager or owner. The case is done with and I am getting my tools back, can I have criminal charges filed against them for filing false statements and perjury? My lawyer has not been on my side and has kept me in the dark completely. Can I sue them?

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1 Lawyer Answer
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Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in New York

A: You can sue for defamation and malicious prosecution. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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