Who gets sued; 2nd party, the police, the media, and / or the state?

Question

case: person is taken to jail cause someone made a false report. While in custody awaiting hearing, you find that the local papers and news are saying you were being charged for (serveral things). You have proof the charges are false, but but you choose to stay in custody instead of bailing out. Why spend thousands of bucks for something when you know you did nothing wrong, it's a waste of money. Well, while awaiting court. You hear the police telling media that you are guilty of (something). Weeks go by, and you finally get to go to court and prove them wrong. Supposedly, charges dropped.

But during that time, ones job was lost, friends and people in town believe you are guilty of soemthingg haneous. While the people who made the false claim says it was just an error, But officially it was still filing a false report, right. Well, trying to find a new job. One finds that the charges are on showing on your background check. Thus, it makes me wonder, if innocent until proven guilty, and according to the training I had you aren't officially guilty until the judge makes a decision. Then if one showed the courts that that original charges were not true, and officially the judge dropped all charges. Then why are they on record in a background check?

Answer 1

You or your attorney or public defender needs to file a Motion for Factual Innocence.  If granted by the court, this will clear your rap sheet and any Dept of Justice rap sheet.  

Now when I say clear your rap sheet, let me explain.  Any arrests are on your rap sheets, plus any charges and case numbers filed along with the disposition....in your case, a dismissal.  The Motion for Factual Innocence when granted will show the court determined you were innocent of the charges or charged in error.

As for job interviews, rap sheets are not public record but charges filed and a case number and the disposition are public record.   Also, in your situation, apparently you got some press coverage, which is also available to the public.  Simply explain that the charges were dropped, the case did NOT even go to trial, the DA determined they did not have a case....but pursue the Factual Innocence.

BTW due to identity fraud or credit card fraud, this is becoming very common, as the wrong person (the actual credit card holder!) is often charged with the fraud.

Answer 2

No one gets sued. All you have is 3rd party information, and hearsay is never admitted in court.

Answer 3

i would go for 2nd party, police, and state

Answer 4

Suing anyone in this case would be quite difficult. In order to sue, you need to prove negligence and damages.

A lack of evidence can get charges dismissed, but it does not prove the charges were false.You need to prove the person intentionally and willfully provided false information to the police. Short of a confession, it will be very difficult to prove negligence.

As far as the police and media, as long as their actions are reasonable, they can not be sued, as they were not negligent.

Answer 5

Can't sue anyone man.  Sorry.  You do need to file court papers to get the charges expunged, talk to a lawyer.  But no one else can be sued with any likely outcome in your favor.  

You were charged with a crime.  The media reported that.  The police told what they believed to be the truth.  You'd have to prove they knew, not you but them, that the charges were lies.  The state did its job we entrust it with.  You should probably ask that the person who filed the false report be charged with making a false report to police.

But you ain't making any cash out of this.