Malicious Prosecution Question

This is a discussion on Malicious Prosecution Question within the Other Criminal Law Matters forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; My brother had an arrest warrant filed against a bulldozer operator/contractor that stole topsoil from his property to use as ...

Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Dec 20th, 2008, 02:02 PM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Confused Malicious Prosecution Question

My brother had an arrest warrant filed against a bulldozer operator/contractor that stole topsoil from his property to use as backfill for a new house on the neighboring land. The contractor also communicated threats in front of local policemen. When he went to the magistrate to fill out the affidavit, the magistrate told him to place a higher value on the soil taken to "draw more attention" to the case. The magistrate also told him that he was not supposed to give legal advice and would deny having done so. The warrant ended up claiming $1500 worth of soil was stolen. It did not say anything about replacement value which would be more than that. The actual value of the missing topsoil according to local landscapers is around $400 to $500. My brother did not charge the man maliciously but he is extremely worried that he could be sued for malicious prosecution. The defendant was found innocent of that charge and is appealing the charge of communicating threats. Would Malicious Prosecution apply to this case? Is there any reason for him to be concerned? Any help would be appreciated.
  Reply With Quote
Old Dec 21st, 2008, 08:02 PM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Malicious Prosecution Question

Not really--you don't have to estimate precisely for that kind of product.
  Reply With Quote
Reply

Bookmark & Share

Tags
None

This thread has 1 reply and has been viewed 341 times

« DUI | Arrest report »
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Malicious Protective Order maford Domestic Violence & Abuse 4 Aug 20th, 2009 11:42 AM
malicious damage over 250.00 Unregistered Other Criminal Law Matters 1 Nov 23rd, 2008 11:36 AM
malicious mother syndrom Unregistered Child Custody & Support 1 Oct 7th, 2008 09:43 PM
Malicious prosecution or "Theft by Deception"??? devling5000 Other Criminal Law Matters 4 Jul 16th, 2008 07:38 AM


Doing business in China? Need legal help or advice? Contact our international and Chinese lawyers 24 hours! WORLD Law Direct offers an experienced team of American and Chinese legal professionals.


All times are GMT -5. The time now is 03:10 AM.