Legal Question in Criminal Law in Virginia

A friend in Virginia (Patrick County) was recently accused by a neighbor (after the neigbor was asked to vacate my friend's property) with breaking & entering, brandishing a pistol, damage to his home & personal property & verbal physical threats - all false. Once the report was filed with the police, my friend was arrested at his home, taken to jail and several days later able to post bail - he nearly lost his job becaue of the false report. No investigation seems to have been made by the local authorities to verify the claim. At trial the filer's claims could not be proven and the case was dismissed.
My question: how can an individual file a false police report and not be charged AND no investigation undertaken by the police. My friend hired an attorney(for several thousand dollars) to defend himself against this false claim - he is out $$, the filer walks free. Can anyone file a false report and the police arrest an individual with no proof - and the defendant forced to prove his innocence ? what happened to a person being innocent until proven guilty??

Asked on 7/20/12, 9:05 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Your friend may have a viable basis to file a civil suit against this

allegedly false filer for malicious prosecution and/or other related violations, seeking compensation for all appropriate damages.

He therefore may wish to seek a consultation with a local attorney in the area who handles civil litigation claims such as these.

Answered on 7/20/12, 9:34 am

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