Q: Do I have a case for false arrest & maliceous Prosecution?I was accused of commiting a crime and it got dimissed on 3030

I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the court date after the supporting deposition came back from the witness. After that my lovely public defender requested discovery from the ADA via the Discovery-15 during the Part A. When that happened, they had nothing to give to my public defender, they suddenly offered a ACD and I rejected the offer. Then after that my public defender requested a Discovery-30 day extension and the ADA approved. Adding that my public defender asked the Judge to ajorn the case 14 days after the 30 day extension. I came back to the court room and my public defender said that it will be dismissed on a 30.30(Speedy Trial). The ADA told the judge to dismiss the case on 30.30(Speedy Trial) & the judge approved.

1 Lawyer Answer
Roy Warner
Roy Warner
Answered
  • Phoenix, AZ
  • Licensed in New York

A: Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.

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.