Have you ever been arrested for driving under the influence (DUI), only to find out that the officer who arrested you didn’t actually have enough evidence to prove your guilt? If so, can you counter-sue and get compensated for all of your lost time, money and stress?
The short answer is yes, though there are some limitations. Let’s go over what happens after an arrest and how a person can go about getting compensation if they were found innocent. Stay with us to find out more about counter-suing after a wrong DUI arrest.
Can You Counter-Sue for a Wrong DUI Claim?
Can it be done? Sure! But it’s a complicated process and it can be challenging to determine how much you will be able to sue for. You’ll also need an attorney who knows what they’re doing, which means finding one that has experience with these kinds of cases.
And then there’s the issue of evidence: If your attorney doesn’t have enough evidence to support your claim, then they probably won’t take on your case (which means more time searching).
Get a Lawyer
If you’ve been arrested for a DUI, you must get a lawyer as soon as possible. The sooner they can start working on your case, the better. They need to be familiar with the criminal justice system in order to know how best to defend you against these charges.
Your attorney should also have experience with similar cases–and if not, then at least an understanding of how prosecutors think about them. This is necessary to anticipate what evidence or arguments might be brought up during trial or plea negotiations in order to help prepare their strategy accordingly.
It’s also important that any potential legal representative has experience working with clients who were found guilty by police officers but then later found innocent in court (or vice versa). This will ensure that they know what kinds of strategies may work well when defending someone who has been falsely accused by authorities but still needs protection from further prosecution.
Types of Lawsuits
You can sue for false arrest, false imprisonment and malicious prosecution. These suits are typically brought by people who were detained or arrested for a crime they didn’t commit.
You also have the option of filing a defamation of character lawsuit against your accuser(s). This type of suit involves accusing someone of lying about you in order to damage your reputation. For example, if someone falsely accuses you of committing a crime because he/she doesn’t like you or wants to get back at you for something else.
You have the right to a lawyer, but it’s up to you to find one. There are some ways you can try to stop the legal process. You can file for an appeal or ask for a new trial if there are errors in how evidence was presented at your first trial.
Or if all else fails, you could also file a counter-suit against whoever arrested you in order to get compensation for damages caused by their wrongful arrest. In the end, it is best to reiterate that you can in fact counter sue for a false DUI claim.
The Bourassa Law Group has extensive experience in dealing with DUI accidents in Nevada. Don’t wait—seek legal help today! So, call us at (800)870-8910 for a free consultation to learn about our legal services, and let us help you get the compensation you deserve.
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