falsely accused

[vickie]

I was accused of burglary. Charges finally dropped. I want to prosecute.the man who did this ententionally

 

[army judge]

Only your county or state prosecutor can lodge criminal charges.
You might be able to sue in civil court for the tort of malicious prosecution.

If I were advising you (wearing my lawyer's hat), I'd tell you to forget it.
It's very expensive to pursue, hard to prove, time consuming, and losing again wouldn't be very satisfying. Count your blessings, you beat a criminal charge, and are still among the free.

What is malicious prosecution?

http://legal-dictionary.thefreedictionary.com/malicious+prosecution

http://www.indianalawupdate.com/tag/malicious-prosecution/

http://nahmodlaw.com/2009/09/11/rethinking-section-1983-malicious-prosecution/

http://www.theindianalawyer.com/article/print?articleId=31932

http://abuseofprocess.uslegal.com/n...ous-prosecution-and-malicious-use-of-process/

Before you get all incensed, agitated, and excited; discuss the matter with a couple local tort attorneys.
See what you can learn and how such a lawsuit might cost you to be litigated.
The initial consultation is offered by most attorneys free of charge.

If you pursue this matter, forget small claims court.
Go big, go hard, or walk away.

Some reading material:

http://www.in.gov/judiciary/opinions/previous/wpd/06070102.trb.doc

 

[Betty3]

It's your decision but since the charges were dropped, you might just what to forget about going through the time & trouble of suing.

 

[CdwJava]

I was accused of burglary. Charges finally dropped. I want to prosecute.the man who did this ententionally

If you know who actually did it and the police do not, provide that info to the police.

If you know who did it and have the financial resources to sue him, consult an attorney and consider a lawsuit ... though, keep in mind that it might cost at least $20,000 to sue someone and if he can't pay any award, you'd eat that money.

As was stated you cannot make the state prosecute anyone. You can provide the state (the police) with info, but you cannot make them prosecute. If they do, perhaps you will be considered a victim and they can seek restitution from the defendant. Suing him would be expensive, but, you could control the process ... though, that might still take years and he may not ever be able to pay you back - especially if he goes to jail.

 

[cbg]

I can't tell if she's saying she wants to prosecute the man who actually committed the theft, or the one who accused her.

If the latter, what kind of proof do you have that he knew you were not guilty?

 

[CdwJava]

Suing the accuser would be very, very hard. The OP would have to prove intent, and perhaps even malice as well.

 

[cbg]

That was going to be my point.

 

[Betty3]

It "sounds like" OP is saying she wants to sue someone who intentionally accused her of burglary. Agree though not completely clear.