Sunday, February 7, 2010

I live in PA. Can I recover monies spent to defend myself in court for a false accusation of rape.?

I was falsely accussed of rape. Found innocent in a PA court of law. Monies spent on lawyer fees, court cost and travel.I live in PA. Can I recover monies spent to defend myself in court for a false accusation of rape.?
No, not unless you could prove it was due to malicious intent and the charges were purely fabricated, which would be highly unlikely if you ever had sex with the victim; even then you would not be able to collect for ';travel'; expenses.I live in PA. Can I recover monies spent to defend myself in court for a false accusation of rape.?
no. fee-shifting does not apply to criminal cases.
no.
Living in the Commonwealth of Pennsylvania you have several options. First, have you ever been convicted before of a felony. If so, your recourse is limited. Because the police had reasonable suspicion to believe you committed a crime, especially if what you were convicted for is the same thing that you were arrested for. If you have never been convicted, then you must file an action against the law enforcement agency for false arrest. It would be beneficial if you had evidence to show that the police lied or introduced evidence that was false in order to obtain a conviction. You would not enter this suit in the Court of Common Pleas or Superior Court, you would enter it in the Commonwealth Court. This court handles all actions against any Pennsylvania Agency.
Check to see if the sate / municiple has a victims crime fund. You may be able to recover some but not all. Good Luck.

No comments:

Post a Comment