Re: What happens after your found not GUILTY?

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Every state recognizes claims for malicious prosecution.
However, merely because you were found not guilty does not mean
that you will automatically or even likely prevail in a civil
suit complaining about your prosecution.

A finding of not guilty only means that the jury in your
criminal case was not convinced beyond a reasonable doubt of
your guilt based on the evidence received in that trial. Given
the fact that your case went all the way to verdict indicates
that the judge found probable cause to believe you committed
the crime because under our criminal justice system no charges
proceed to trial without that probable cause determination.

The fact your case went to the jury also indicates that after
the prosecution presented all its evidence, the judge found
there was sufficient evidence to submit the case to the jury
for deliberation. To be sufficient, there must be evidence
presented that, if believed, establishes every element of the
offense.

While the mere fact that you were found not guilty is not
sufficient basis to challenge your criminal prosecution as
malicious, if you have evidence showing that the prosecution
engaged in misconduct (e.g., by offering testimony it knew was
perjured or by falsifying expert reports), then you may well
have a basis to sue. You should review the facts with a local
attorney.

Good luck and congratulations on your acquittal.

Cucchiara Employment Law Offices

Re: What happens after your found not GUILTY?, 10/21/02, by Dennis.

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