27 April 2009 @ 11:05 am
I've been getting this question a lot lately, so I'm going to take a moment to explain why I can't just sue the woman who had me arrested to recover damages and legal fees:

First, my criminal trial has to be either completely dismissed, or conducted with a not guilty verdict returned. I feel this is not a likely state of affairs; most likely I will be forced to plea-bargain, even if it's only to the extent of taking an anger management class in exchange for the charges being dropped.

Second, a charge of malicious prosecution only is valid if I can demonstrate that the woman made the allegations without probable cause. While this is what *happpened*, proving it is another matter entirely, and relies on completely discrediting or annulling the testimony of the three witnesses, while keeping my own witness credible. Again, a very unlikely state of affairs.

Third, civil trials work not on the basis of a reasonable doubt, but simple preponderance of the evidence. Consequently, I have to provide more evidence that she did this maliciously and without cause than she provides that she had cause to file it. So again, unlikely.

The unfortunate fact of the matter is that I'm going to have a very hard time proving that what happened actually happened, with three witnesses willing to perjure themselves (literally and criminally) to obtain my conviction.