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How can I dispute the tow charges since was son was released with no fine?

How can I dispute the tow charges since was son was released with no fine?

Q: What are the four elements of malicious prosecution?

The four elements of malicious prosecution are: 1) the initiation of a criminal or civil legal proceeding, 2) the termination of that proceeding in favor of the plaintiff, 3) the absence of probable cause for the original action, and 4) the presence of malice or a wrongful motive by the defendant in initiating the action.

Q: What is an example of a malicious prosecution?

An example of malicious prosecution is when a person files a lawsuit against someone for defamation without any evidence to support the claim, intending to harm the defendant's reputation. If the lawsuit is dismissed in favor of the defendant, they may have grounds for a malicious prosecution claim.

Q: What is the burden of proof for malicious prosecution?

The burden of proof for malicious prosecution lies with the plaintiff. They must prove all four elements of the claim: that a legal proceeding was initiated, it was resolved in their favor, there was no probable cause, and that the defendant acted with malice. This typically requires clear and convincing evidence.

Full question:

My son was arrested in Washington State (near Everette, Snohomish County) for malicious mishchief (property damage under $50). My vehicle was towed and impounded. My son was given an unconditional release from the County Jail the very next day. My tow charge was $481 - the tow was 17 miles, but the company had to wait for the officers to 'inventory' the vehicle. Can I dispute the tow and storage fees, as my son was released and did not have any fines?

Category: Criminal
Date: 04/07/2025
State: Idaho

Answer:

The answer will be a matter of subjective determination for the court, based on all the facts and circumstances involved. It may be possible to have the towing charges claimed as damages if a false arrest claim is filed. In order to succeed in a false arrest claim and recover damages, it must be proven that probable cause for the arrest didn't exists. I suggest your contact a local attorney who can review all the facts and documents involved.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is malicious prosecution in Washington state?

Malicious prosecution in Washington State occurs when someone initiates a legal action against another person without probable cause and with malice. This means they acted with the intention to harm the other person rather than to seek justice. To succeed in a malicious prosecution claim, the plaintiff must show that the previous legal action was resolved in their favor.

What are the four elements of malicious prosecution?

What are the consequences of malicious mischief?

In Washington State, malicious mischief can lead to criminal charges that may result in fines, restitution for damages, and potential jail time. The severity of the consequences often depends on the value of the property damaged. For damages under $50, it is typically classified as a misdemeanor, which can carry lighter penalties.

What is an example of a malicious prosecution?

What is the burden of proof for malicious prosecution?

What is a malicious mischief charge in Washington state?

A malicious mischief charge in Washington State involves intentionally causing damage to someone else's property. This can range from minor damage, classified as a misdemeanor, to significant damage, which may be charged as a felony. Penalties can include fines, restitution, and imprisonment depending on the severity of the damage.