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Can i file a lawsuit for defamation of charecter if found guilty by jury but won my appeal and all charges were reversed.
Anonymous2 views6 answers
Charged with possion of controlled substance from medicine reported missing from hospital i worked, toward end of trial when prosacuter failed to prove without a reasonable doubt they changed my crime to attempt to possess a controlled substance without proper notice to my lawyer that therw could posable other charges they can use. courts allowing uncharged events to by told to jury and jury said guilty and my apeal i filed proved that my 6th amendment right was violated and all charges were vacated an not guilty, can i file a lawsuit against the hopital and everyone involved with the false report
It isn't a claim I would want to take. Defeating criminal charges on a technicality on appeal doesn't mean you were innocent of the charges or that the hospital or police did anything wrong; it just means that the court system made a mistake in prosecuting the claim and couldn't prove beyond a reasonable doubt that you committed a certain crime. That is a far, far cry from meaning that the hospital did anything wrong, that you were factually innocent of the crimes charged, or that the police did anything wrong. If you want to sue the hospital and/or the police, you'll need to speak to an attorney familiar with civil litigation, civil rights, employment law, and torts. You'll almost definitely have to pay the attorney by the hour, with a large chunk of that money up front and later payments necessary as the attorney performs work and incurs litigation costs. As this question isn't really about appeals, I'm re-tagging it as just Litigation.
Clearly this was a nightmare for you, and has caused you a great loss of money and emotional distress.
Whether you have civil claims against hospital, however, cannot be assessed based on a short description posted on . You need a good personal injury attorney to carefully review all of the facts and circumstances of your situation to assess whether you have a case. I recommend that you consult with one soon. They work on contingency fees, so there is normally no charge for a consultation. You may be able to find several in your community on 's Find a Lawyer page.
Best of luck to you.
Joseph Caleb MarkowitzLitigation LawyerLos Angeles, CA ·
You can do that, but before you do, you should think carefully about what you are trying to accomplish. If you are trying to save your reputation, a lawsuit might not help you, whether you win or lost. If you are trying to collect money, the costs and risks of a lawsuit might be more than what you can gain.
And you should also understand the difference between prevailing in a criminal case, in which guilt needs to be proved beyond a reasonable doubt, and the much lower burden of proof in a civil case. You might think that would make it easier to prove defamation, but it also makes it easier for the defense to win such a case also. The scale only needs to tip a little in the prevailing party's direction. So even an acquittal of a criminal charge does not establish innocence in a civil case. And in your case there was no acquittal, only dismissal of the charges based on a procedural issue apparently.
