Asked in Criminal Law for Texas

Q: What can we do if my brother's case was dismissed with prejudice?

My brother was accused by his wife now ex for sexual abuse to his own 3 daughters but the yunguest daughter said she was not going to participate so there is only 2 in the case. The 3rd Attorney did the appeals both denied due to a missing information.

Related Topics:
1 Lawyer Answer
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Houston, TX

A: If the criminal case was dismissed outright, then you may have grounds for malicious prosecution against the ex, but not likely against the DA. That does not mean there is nothing there against the DA, but that will be toougher than against the ex.

I would like to have more facts to give a deeper answer about your case. You should see a lawyer who handles criminal or malicious prosecution cases.

I hope this helps.

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.