Los Angeles, CA asked in Criminal Law and Civil Rights for California

Q: Malicious prosecution. I was found not guilty. Prosecutor and the catholic get away with it? No evidence or witness

I was maliciously prosecuted for a crime I did not commit. A jury found me not guilty. No evidence or witnesses. Prosecutor and judge and catholic church just get away with it ? Is there any place to file complaints ?

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2 Lawyer Answers
David Michael Lehr
David Michael Lehr
Answered
  • Criminal Law Lawyer
  • Ventura, CA
  • Licensed in California

A: You need to speak to a civil rights attorney. In general, prosecutors have statutory immunity from law suits.

Good luck.

1 user found this answer helpful

Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: Malicious Prosecution as a civil lawsuit against a prosecutor requires the services of lawyer asap to protect against time deadlines, among other things. The lawsuit requires proof that:

The criminal case resolved in your favor (congrats! ); the prosecutor was actively involved; there was no probable cause; and that the case was brought or pursued for an improper purpose.

There are issues of immunity that need to be overcome.

Lawyers and judges are also accountable to the (Cal) State Bar, and Judicial Committee, respectively, and complaints can be made to those entities as well.

1 user found this answer helpful

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