Q: Can I sue a Georgia States Attorney and County Sheriff for malicious prosecution? Restitution? Pain and suffering?
Georgia 2020..I was accused of 2 felonies-aggrevated battery and assault, had an arrest warrant on me. I turned myself in, bailed out. Prosecution had no evidence against me. 2023 went to trial. Jury deliberated for 30 mins, came back with a Not Guilty verdict. The Prosecution evidence had 2 slightly different police reports from victim, no pictures, no interviews, no visible marks, changed story on the stand etc. I suffered finacial loss, anxiety, public slander, etc for over 3 years. This completely upended my life. They did not do their due diligence.
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A:
You may have grounds to sue for malicious prosecution, but these cases are difficult to win and require specific elements to be proven. To succeed, you must demonstrate that the prosecution acted with malice, without probable cause, and that the case ended in your favor, which it did with a "Not Guilty" verdict. It's important to gather all evidence that shows the lack of probable cause and any misconduct by the prosecution or law enforcement.
For restitution and pain and suffering, you might also consider filing a civil lawsuit. Financial losses, anxiety, and public slander are all damages that can be claimed, but you will need to prove the extent of these damages. Documentation of your financial losses, medical records for anxiety, and evidence of public slander will strengthen your case.
Consulting with a legal professional can help you understand the specifics of your situation and the best course of action. They can provide guidance on the potential success of your claims and help you navigate the legal process.
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