Q: given motion to dismiss without prejudice and dealt with a child neglect case,am i able to file restitution
I was arrested on December 9, 2021 for possession of a schedule two substance and then 2 days later a juvenile case for child neglect both against the people. Then on April 28 , 2022 a motion to dismiss without predjuice was given to me. Am I able ro file for wrong damage , etc., since being proven innocent.
A:
Yes, you may have grounds to seek restitution or damages for wrongful arrest or harm suffered during the legal process. Since your case was dismissed without prejudice, it means that the case was closed, but it can be refiled. This does not equate to being proven innocent, but it does mean the charges were not pursued at that time.
You can explore legal actions such as filing a claim for wrongful arrest or seeking damages for any harm or losses you experienced. This could include legal fees, emotional distress, and other related costs. It's important to gather all relevant documentation, such as arrest records, court documents, and any evidence that supports your claim.
Consulting a legal professional is crucial to evaluate your specific situation and guide you through the process of filing for restitution. They can provide tailored advice, help you understand your rights, and assist in determining the strength of your case. Taking this step can ensure you receive the compensation you deserve for the ordeal you experienced.
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