Legal Question in Criminal Law in California

can a person found not guilty after a jury trial sue the state?


Asked on 7/05/11, 11:51 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

She can sue, but what matters is whether she can win. Merely being acquitted at trial would not be enough to support a judgment in her favor. The acquittal would mean only that the jury had reasonable doubts about her guilt. It would not mean she was innocent. It certainly would not mean that the government *knew* she was innocent but prosecuted her anyway -- which is essentially what she would have to prove in order to win the kind of lawsuit you describe.

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Answered on 7/05/11, 12:05 pm


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