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malicious prosecution,using the police


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#1 SEAtown

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Posted 16 January 2013 - 09:19 PM

My wife and I have been targeted by neighbors who use the police and courts to harass us. We have worked with our local government to clean up our neighborhood. However, the neighbors have convinced the police and (through our inexperience with the legal system) the court that we are trouble. We need a very competent criminal defense attorney in Seattle who can also assist us to pursue malicious prosecution litigation against these individuals and litigation against law enforcement. Our constitutional rights have been violated.

#2 pg1067

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Posted 17 January 2013 - 07:05 AM

A "find a lawyer" link is prominently displayed at the top of every page at this site.

#3 Guest_FindLaw_Amir_*

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Posted 17 January 2013 - 07:57 AM

We need a very competent criminal defense attorney in Seattle who can also assist us to pursue malicious prosecution litigation against these individuals and litigation against law enforcement.


You may wish to use the Seattle, Washington Criminal Defense Lawyers Directory to locate a local lawyer willing to advise you on this matter.

#4 Fallen

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Posted 17 January 2013 - 08:29 AM

If you are facing charges, you simply need a criminal defense attorney. The boards aren't the place to seek referrals.

As for malicious prosecution and/or abuse of process action, that would be an after-action move against the neighbor and one to discuss with a personal injury/civil litigation attorney who has pursued such cases (very rare) ... though you may be able to find a defense attorney who also does civil litigation. Expect that to be very costly, and one that can be difficult to prove (almost insurmountable if "the court" doesn't find in your favor on the trial level (even getting something tossed out on appeal can harm the underlying case, since it tends to indicate that there was probable cause for the neighbor to complain about you having broken the law even if it was done with malice/intent to do you harm)).

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#5 SineDie_666

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Posted 17 January 2013 - 04:40 PM

You have two different classifications in this situation. Your neighbors are a civil action for a criminal offense gained by petition from a magistrate. The police and "court," are a different issue and from personal experience, you better know what you're getting into. Check your state's tortfeasor law and determine if only attorneys are allowed to practice by license. If lawyers, esquires etc. are not allowed, do not hire an in state attorney because they can not argue against any state office. They'll gladly take your money, but you will lose and likely receive sanctions for contempt. Consult with an out of state non-lawyer (pro hac vice) and if you can prove 100% malfeasence in office, you can sue on their bonds. Get a copy from the Sec. of Treasure's office or jurisdictional clerk of court, then sue the bonding company and let them do the rest. You can also file a civil rights complaint with the FBI for abuse under Color of Authority (police). If they determine there is merit, they may sue on your behalf. Careful, though. Decide if an adverse outcome is worth it and you better have a small fortune lying around. Otherwise, move and leave it be.

#6 LegalwriterOne

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Posted 18 January 2013 - 09:45 AM

Check your state's tortfeasor law and determine if only attorneys are allowed to practice by license. If lawyers, esquires etc. are not allowed, do not hire an in state attorney because they can not argue against any state office.


What in the heck are you talking about? Only licensed attorneys can practice law in the state of WA. If you are talking about bringing a small claims case, then attorneys are not allowed unless given permission by the court and that is usually only in the case where the attorney is the plaintiff or defendant in the suit. As for an attorney arguing "against any state office," they do it all the time.

Consult with an out of state non-lawyer (pro hac vice) and if you can prove 100% malfeasence in office, you can sue on their bonds. Get a copy from the Sec. of Treasure's office or jurisdictional clerk of court, then sue the bonding company and let them do the rest.


I have no idea what you're talking about. Only an attorney can apply to the court for permission to appear pro hac vice. Further, causes of action against any government agent or agency cannot be pursued in small claims court in WA.

You can also file a civil rights complaint with the FBI for abuse under Color of Authority (police). If they determine there is merit, they may sue on your behalf.


The poster can file a complaint with the FBI BUT the justice department does not sue on behalf of individual persons. The suit would be on behalf of the government and highly unlikely unless there are numerous complaints already on file and being investigated. The poster would be wise to consult a LOCAL ATTORNEY for accurate information and assistance.

#7 pg1067

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Posted 18 January 2013 - 12:13 PM

Check your state's tortfeasor law and determine if only attorneys are allowed to practice by license. If lawyers, esquires etc. are not allowed, do not hire an in state attorney because they can not argue against any state office.


This is quite an absurd bunch of nonsense. The terms "lawyer" and "attorney" mean exactly the same thing. The term "esquire" is simply an outdated title that some lawyers/attorneys will stick at the ends of their names (e.g., "John Smith, Esq."). But there is no such thing as "an esquire," and using or not using the term has no significance whatsoever. As far as in-state versus out-of-state lawyers/attorneys, only an attorney/lawyer licensed to practice in a particular state may practice before the courts of that state, and there is no prohibition in any state against "in state" attorneys "argu[ing] against [a] state office."


Consult with an out of state non-lawyer (pro hac vice)


So you want the original post not only to consult with someone out of state but someone who is also not an attorney? Do you suggest people consult with non-doctors for medical issues? And the term "pro hac vice" refers to a lawyer who is not licensed in a particular state, but who is admitted to handle a specific case pending in the state in which he is not licensed. For example, John Smith lives and is admitted in New York. He has a client who is sued in California, so he seeks to be admitted pro had vice for the purpose of defending his client in that court. In order to do that, John Smith will not only have to get the court's permission, he will also have to associate an attorney who is admitted in California to act as co-counsel.


You can also file a civil rights complaint with the FBI for abuse under Color of Authority (police). If they determine there is merit, they may sue on your behalf.


Why are you making up this nonsense? Civil rights get filed with the courts, not the FBI. The FBI is a law enforcement agency that investigates federal crimes. It will not sue on behalf of private citizens.

#8 SEAtown

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Posted 20 January 2013 - 07:23 PM

Is there a statute of limitations to file abuse of process suit? I believe it is one year for malicious prosecution. How about abuse of process?




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