Temecula, CA asked in Criminal Law for Arizona

Q: How do I file a complaint for malicious prosecution?

My husband was arrested last 0ct. 11 for attempted arson. The cop said he saw him spray lighter fluid on the window of the house we are staying at. I was there during the arrest and he never resisted nor assaulted an officer. They charged him with attempted arson that day with 20,000 bail. days after, they took out the attempted arson case and added assault on an officer and false report. The 20,000 bail is still there despite the arson charge being dropped. He has been staying in jail for cases he did not do. His first 2 court dates were cancelled. Then I just saw from the system that his case is dismissed due to grand jury indictment. Isn't that when they can decide on the case closed doors? I reported this to Attorney General Mark Brnovich and his office did not see enough evidence for the crime and advice me to do a private action for this case. I would like to file case for malicious prosecution

Related Topics:
1 Lawyer Answer
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: Your husband is the one who has to file

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.