# dropped criminal charges and lawyer fees **URL:** \ **Category:** Factual Questions\ **Created:** [September 19, 2004, 7:48pm UTC](https://boards.straightdope.com/t/dropped-criminal-charges-and-lawyer-fees/265029 "2004-09-19T19:48:45Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![vinniepaz](https://avatars.discourse-cdn.com/v4/letter/v/b4bc9f/32.png) [@vinniepaz](https://boards.straightdope.com/u/vinniepaz)\ **Post date:** [September 19, 2004, 7:48pm UTC](https://boards.straightdope.com/t/dropped-criminal-charges-and-lawyer-fees/265029/1 "2004-09-19T19:48:45Z")
ok for the record, this is PURELY HYPOTHETICAL, so i am not looking for specific legal advice on any case, and this is not creating any kind of attorney-client relationship. Ok so say someone brings charges against you for some small crime like accessory to something based on testimony for whoever is being charged with the actual crime. you didnt do anything, and it quickly becomes apparent that the person who testified against you is just trying to spread out the blame. you had to hire a lawyer for this case to prove your innocence. is the people who brought charges against you and/or the state legally liable for your lawyer fees? ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [September 19, 2004, 8:18pm UTC](https://boards.straightdope.com/t/dropped-criminal-charges-and-lawyer-fees/265029/2 "2004-09-19T20:18:34Z")
IANAL etc. The prosecutor has immunity (IIRC the correct expression is “qualified immunity”) from liability for acts s/he undertakes as an agent of the state, as long as the action is undertaken in good faith. So if the DA has a good faith belief that you’re guilty of a crime and charges you with it, you’re SOL as far as recovering attorney fees or other damages. Now if the prosecutor commits an abuse of discretion (conceals evidence, coerces witnesses against you, etc.) or otherwise acts in bad faith you may then have a cause of action. ---
**Author:** ![vinniepaz](https://avatars.discourse-cdn.com/v4/letter/v/b4bc9f/32.png) [@vinniepaz](https://boards.straightdope.com/u/vinniepaz)\ **Post date:** [September 19, 2004, 10:14pm UTC](https://boards.straightdope.com/t/dropped-criminal-charges-and-lawyer-fees/265029/3 "2004-09-19T22:14:22Z")
> [@Otto](#): > > IANAL etc. The prosecutor has immunity (IIRC the correct expression is “qualified immunity”) from liability for acts s/he undertakes as an agent of the state, as long as the action is undertaken in good faith. So if the DA has a good faith belief that you’re guilty of a crime and charges you with it, you’re SOL as far as recovering attorney fees or other damages. Now if the prosecutor commits an abuse of discretion (conceals evidence, coerces witnesses against you, etc.) or otherwise acts in bad faith you may then have a cause of action. what if its a third party thats pressing charges? ---
**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\ **Post date:** [September 20, 2004, 1:56am UTC](https://boards.straightdope.com/t/dropped-criminal-charges-and-lawyer-fees/265029/4 "2004-09-20T01:56:57Z")
(IANAL) - In the UK - if someone knows that you are innocent, bu deliberately lies to the police with specific intention to have you charged with a criminal offence then you can sue them for **malicious prosecution.** ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [September 20, 2004, 3:34am UTC](https://boards.straightdope.com/t/dropped-criminal-charges-and-lawyer-fees/265029/5 "2004-09-20T03:34:37Z")
> [@vinniepaz](#): > > what if its a third party thats pressing charges? Third parties can bring Civil suits, but not criminal charges. Someone can swear out a criminal complaint against you, but only the DA can decide to press charges. Disclaimer: IANAL In the case of a civil suit, I imagine that it would depend on the particulars and if the judge thought it was a frivilous suit. There are different laws in different juristictions about this. You don’t want people to hold off on legitimate civil suits because they fear being stuck with a huge legal bill if they should happen to lose. This would be a huge chilling effect on lawsuits by poor people. ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [September 20, 2004, 7:34am UTC](https://boards.straightdope.com/t/dropped-criminal-charges-and-lawyer-fees/265029/6 "2004-09-20T07:34:58Z")
> [@Telemark](#): > > Third parties can bring Civil suits, but not criminal charges. Someone can swear out a criminal complaint against you, but only the DA can decide to press charges. Disclaimer: IANAL In the UK, you can be privately prosecuted for criminal matters. ---
**Author:** ![TJVM](https://avatars.discourse-cdn.com/v4/letter/t/b38774/32.png) [@TJVM](https://boards.straightdope.com/u/TJVM)\ **Post date:** [September 20, 2004, 9:03pm UTC](https://boards.straightdope.com/t/dropped-criminal-charges-and-lawyer-fees/265029/7 "2004-09-20T21:03:10Z")
It’s very unlikely that the government would be liable to the innocent person; prosecutors are usually immune from liability for their official actions. As for the lying witness, there is a civil cause of action for malicious prosecution that could be available. However, the standard of proof for that claim is very high, at least in Texas. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [September 20, 2004, 9:12pm UTC](https://boards.straightdope.com/t/dropped-criminal-charges-and-lawyer-fees/265029/8 "2004-09-20T21:12:26Z")
Can you cite something indicating that a witness who lies is liable for malicious prosecution, given that witnesses don’t actually prosecute anyone in the United States? The witness would be on the hook for defamation if anything. ---
**Author:** ![Hamlet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hamlet/32/2818_2.png) [@Hamlet](https://boards.straightdope.com/u/Hamlet)\ **Post date:** [September 20, 2004, 9:40pm UTC](https://boards.straightdope.com/t/dropped-criminal-charges-and-lawyer-fees/265029/9 "2004-09-20T21:40:42Z")
> [@Otto](#): > > Can you cite something indicating that a witness who lies is liable for malicious prosecution, given that witnesses don’t actually prosecute anyone in the United States? The witness would be on the hook for defamation if anything. From Rose v. Whitbeck (quoting Prosser): > [@](#): > > If the defendant merely states what he believes, leaving the decision to prosecute entirely to the uncontrolled discretion of the officer, Or if the officer makes an independent investigation, or prosecutes for an offense other than the one charged by the defendant, the latter is not regarded as having instigated the proceeding; but if it is found that his persuasion was the determining factor in inducing the officer’s decision, or that he gave information which he knew to be false and so unduly influenced the authorities, he may be held liable." ---
**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\ **Post date:** [September 20, 2004, 10:44pm UTC](https://boards.straightdope.com/t/dropped-criminal-charges-and-lawyer-fees/265029/10 "2004-09-20T22:44:59Z")
> [@Otto](#): > > Can you cite something indicating that a witness who lies is liable for malicious prosecution, given that witnesses don’t actually prosecute anyone in the United States? The witness would be on the hook for defamation if anything. Note that my comment specifically referred to UK law; US law may be totally different. I can only quote from my text book. > [@](#): > > A person who brings a private prosecution is obviously a prosecutor for this purpose and so is one who swears an information or who is bound over to act as a prosecutor. however in Martin Vs Watson the House Of Lords held that it is not neccessary that the defendant should be the prosecutor in ant technical sense: what matters is that he should be in substance the person responsible for the prosecution being brought. As for defamation, yes that would be a possibility, but probably a malicious prosecution claim would be easier. Under UK law defamation requires a jury trial, while most civil suits are decided by the Judge. Libel cases are very complex for all concerned. If there’s a simpler option, the plaintiff is likely to go for that. (IANAL)