Legal Question in Civil Litigation in Virginia

Prosecutor persuaded/influenced by ex husband

During my (ugly) divorce I was faced with a legal matter pertaining to an unassociated debt matter which hinders my flawless 15 year successful career with no criminal history. I needed the matter resolved quickly to get back to work. I was offered the matter dropped with a few stipulations, one associated with my divorce. I have an email from my ex stating how he and asst prosecutor are friends and want to fry me? This can't be legal. The divorce was in one state the charge in another.


Asked on 2/19/09, 1:31 pm

2 Answers from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Prosecutor persuaded/influenced by ex husband

I agree that frying you would likely be illegal. You should have your attorney look into this if you are concerned about it.

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Answered on 2/19/09, 4:01 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: Prosecutor persuaded/influenced by ex husband

Well, it is very hard to show that a prosecutor has acted improperly. It is assumed that he is acting properly, and prosecutors ahve wide discretion.

But if you can prove that action was taken for an ulterior purpose, to gain leverage in some other area, then you might be able to file a complaint with the Virginia State Bar and/or sue for "abuse of process" or "malicious prosecution."

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Answered on 2/19/09, 6:00 pm


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