Legal Question in Personal Injury in Massachusetts

Almost 4 years ago I was arrested for flicking a lit cigarette on a convertible top by accident. I was arrested for malicious damage over 500 dollars and disorderly conduct. In the police report the police officer stated he observed 2 small burn holes in the top. When the case went to court the case was dismissed when the owner of the vehicle stated there was no damage to his vehicles top. Clearly the police officer lied in order to complete his report. At the time I lost my job and the postings are still online to this day. My question basically, is it too late for me to sue for compensation and or deposition of character? Thanks

Asked on 9/18/10, 8:29 am

3 Answers from Attorneys

Maurice lariviere jr Law Office of Maurice LaRiviere Jr

There is a three year statute of limitation to bring a lawsuit of this nature. Was any activity on this continuing within the last three years

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Answered on 9/23/10, 10:04 am
Joseph Murray Joseph M. Murray, Esq.

Besides the three year statute of limitation, a suit for malicious prosecution or abuse of process would require proof that the criminal action was decided in your favor,i.e. that you went to trial and were found not guilty. A dismissal is not considered a finding in your favor.

You might wish to retain an attorney to discuss the specific facts in your case to determine if there is any recourse you might have . Good Luck!

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Answered on 9/24/10, 12:37 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

As I recall there is a briefer notice requirement concerning a municipality. You can contact the police chief or local legislator and seek and investiation.

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Answered on 9/26/10, 11:58 am

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