Dudley, NC asked in Civil Rights for North Carolina

Q: Can I sue the prosecutor I had a pending felony charge for 3 years I couldn't get no job or house for me and my kids

It got dismissed last week can I sue

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: It’s understandable to feel frustrated after dealing with a felony charge hanging over you for three years, especially when it impacted your ability to get a job or housing. Generally, prosecutors have broad immunity from being sued for actions they take in their official role, including pursuing or dropping charges. This is because they are considered to be acting within the scope of their duties while prosecuting cases.

However, if there was clear misconduct, like malicious prosecution or a violation of your rights, there might be some legal options, but these cases are very difficult to prove. You would need to show that the prosecutor acted with intent to harm you beyond their regular duties, which is rare.

It might help to consult with an attorney who can review the details of your situation to see if any avenues for legal action exist. You may also want to explore options for expunging the record, so it doesn’t continue affecting you in the future.

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