Arlington, TX asked in Criminal Law for Texas

Q: Are you able to sue district attorneys for false charging?

I was fasley charged in Lubbock tx. The charge was dropped months later. During a hearing to proceed pro se in my case, a sitting district attorney stated that my case did not fit the criteria of the charge i was charged with

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2 Lawyer Answers

A: Not typically. But if you can prove that the district attorney who filed the charges personally knew you prior to filing the charges and was acting out of personal animus against you, you may have a potential claim. For example, if you are dating the DA's ex-wife and he made up the charge against you because he is angry about it, you might have a claim.

A: The district attorney generally have immunity, You may have a malicious prosecution suit against the complaining witness if the facts are right,

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