Legal Question...are we entitled to...?

Question

My boyfriend got wrongly arrested for a pipe that was not his (it was found in the company truck during a routine stop by DOT and he was blamed b/c he was on probation, even though he has been clean for two years) and ended up losing his job because of it. We had to pay a lawyer $4,500 to keep him out of jail and prove our case that they were wrong and that the whole thing was handled improperly. The case is being dismissed and my boyfriends name is being cleared. But that doesn't get rid of the fact that he has lost his job and we are in debt now. Are we entitled to compensation (for the lawyer fees) from the state since none of this was his fault?

Answer 1

Nope your screwed. Just a repercussion from the original choice that cause him to be on probation in the 1st place. s***w the lawyer you should have just talked to the judge. You can always get another job.  

Answer 2

The only thing that you are Entitled to is, Life, Liberty and the Pursuit of Happiness

Answer 3

No.  You would have to prove malicious prosecution and, in the u.s., the Supreme Court has ruled that presence in a car with dope gives rise to probable cause to believe everyone in the car knowingly was in possession of it (ownership is irrelevant).  As there was probable cause,the prosecution was not unlawful.   If you could find the person who left the pipe, you could sue that person for your damages and if he had any money you might get some.  Trying to hold the taxpayers responsible will not work,

Answer 4

Not a chance. Not even close, sorry to say.

Answer 5

Probably Not.  In order to sue the DA, you must prove malicious prosecution, which is a very difficult thing to show.  Basically, in a civil suit against the government, you would have to show that the prosecutor proceeded on the case only to hurt your boyfriend and did not have any evidence to connect him to a crime.  There was a pipe in a car.  Your boyfriend was the unlucky person present during the DOT inspection.  The prosecutor had enough evidence to connect him to a crime.  Sorry.

Answer 6

You likely won't get any compensation.

The police had sufficient cause to lay charges and were not acting maliciously when they arrested your boyfriend.

It's within their purview to make a mistake and the courts are gorgiving of that.

Answer 7

Contact Social Services, find out where in your community is a lawyer who can advise for low fee (or twenty minutes informational discussion free of cost, something like that). You may need to sue someone, but it seems like he should be able to gain complete exoneration, and get his job back.

This didn't come up with your original lawyer I guess...