If an innocent bystander is shot in a robbery and the robber is caught can the bystander sue the robber?
812830
yes, the same applies is doing the commission of a crime one of the criminal get killed the other can also be charge with his death.\nThe innocent bystanders wasn't doing anything so they will have a case
823682
The Law exists, and is there. However there are some little minor glitches here.\n1) Why do you have a gun?\n2)Why did you not attempt to walk away and call the Police/\n   (taking the Law in to your own hands...)\n3) you must be able to prove beyond reasonable "doubt" that    you  were in a situation of self defense, and you had no other recourse.\nMost likely you will go to prison, unless you can prove with witnesses.............
116579
Only if there is a standing warrent issued by a judge.  Otherwise, SUE SUE SUE!!! :D
881287
"Is it legal if I shoot this person?"  Trespass.\n\nThe quick answer to your question is "No.  Not at all.  Probably not even if you live in Texas.  And that goes for the 'warning shot' too."\n\nGenerally, discharging a firearm is a potentially lethal action, so let's say you fire a warning shot near the truck-- the trespasser-now-turned-victim can claim you were trying to kill him.  And presto, you are now accused of committing a crime.  And the use of lethal force is generally only acceptable when it's necessary to prevent imminent serious harm or death-- and in some states certain property.  Someone driving through your empty land does not rise to that level unless he's about to run someone over.\n\nPut up a more sturdy gate/fence.  And clearly post "Private Property/No Trespassing" signs.  Then, as one Answer suggests, don't shoot him with a gun, shoot him with a video camera-- and make sure you get the license plate.  Take your video to local law enforcement and see if they will help.  If it really bothers you, you can take that person to court and seek an injunction and even a monetary award if his trespass results in damage.\n\nLastly, depending on where you live, you may be able to legally install tire puncture devices.  But I wouldn't suggest it unless it's your last resort since the owner of the truck could then take YOU to court to recover damages-- even if he didn't have a very good case it still might be more trouble than it's worth.\n\nAlso, I'm assuming from your fact pattern that he's not using an actual roadway.  Private roadways that are without a gate and that have not been posted as being private and that have existed for a lengthy period of time sometimes create an easement that allows the public to use the road-- even where it's on private land.      In cases like that, you can gate the road and post the signs, but members of the public can challenge you in court if there is a long-standing easement there.\n\nAs you can see from the bulk of this answer, shooting someone with a firearm for trespass isn't really a very good option....\n\n[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]
247389
Anybody can sue, but the question is if there's a cause that is actionable by the court.  A person can not benefit from an illegal action.  In this case breaking in is the illegal action and thus prevents the homeowner from having responsibility.
443969
Did you ever hear of the story of the theif who got stuck in the restaurant oven hood for robbery and later sued the establishment and won. Your best bet is to avoid personal injury. Get as much information about the assailant and follow protocol.Give as much information you can about this guy to the police. If he turns on you then you have the right to defend yourself.
358401
Unless you get a lawyer to contest the forfeiture it will happen.  They don't have to goto court under the law.  All they must show is that the money was tied into illegal operations.  This is a lower standard then finding you gulity of a crime.  If the money was tied into a drug business in any way, at any time then legally they can take it.
1043895
Fraud, forgery and theft come to mind. Yes you can sue him civilly, but he can also be criminally charged as well and ordered to pay restitution.
52279
I will refer you to a jury instruction on self-defense.  It states the law in West Virgina in simple and clear term, and includes legal citations in support.\n\nThe central part is this:  \n\n"if the Defendant was not the aggressor, and had reasonable grounds to believe and actually did believe that he was in imminent danger of death or serious bodily harm from which he could save himself only by using deadly force against his assailant, then he had the right to employ deadly force in order to defend himself. By deadly force is meant force which is likely to cause death or serious bodily harm."\n\nBut there is more to it, and you should refer to the instruction.  It is not long.
637287
You can always sue the Children's Aid Society, or any other organization.  The question is "Can I win the lawsuit?"\n\nBased on the limited facts that you have provided, my preliminary answer is No.  The CAS, the police and other governmental organizations acting within their statuory jurisdiction, enjoy a significant degree of immunity, so long as they are acting in good faith.  If you think that they are not acting in good faith, good luck proving it, which you must do.
547537
If the person actually died, the person could be charged with some level of murder or manslaughter. Otherwise, attempted murder would certainly be possible, especially if there was a lot of evidence that the person wanted the other person dead, or some sort of assault charge or wilfull poisoning. The exact charges would depend on the state, and for any of them to be succesfully prosecuted, the state would have to prove that the person knew that his/her friend was allergic to peanuts, which may not be easy to do.
27533
If there was  money won off the video than you can sue the person who won.  If it slanders your name and reputation. and if you have suffered any damages what so ever finicialy
172638
If the guy threw the bottle at you intentionally, then it is the intentional tort of battery.  Technically, you could get a large award against such an act based on pain and suffering damages and punitive damages.  But there are practical considerations.  Does the guy have money?  Insurance doesn't cover intentional acts, but you could also allege negligence, trigger the insurance company's duty to defend, and negotiate a settlement.  But if the guy has no money and no insurance, then forget any lawsuit.\n\nAsk the guy to pay for your medical bills, any lost wages resulting from the injury and any other out of pocket expenses.  If the guy balks, then talk to a personal injury attorney to see if it's something worth pursuing.
397586
Of course, it is.  The answer can be found in the question itself. The fact that persons threaten a lawsuit against you "using FALSE CLAIMS JUST TO GET THEIR WAY" is  illegal and the plaintiffs may be incarcerated if the defendant can prove that the plaintiffs perjured themselves in court merely to "get their way".\n\nCan you imagine the potential harm done to the defendant?  First of all there is the question of money, such as for hiring a lawyer to represent the him/her, or missing work, secondly the integrity of the accused is in doubt and last but not least the sheer torment, stress and distress the accused will experience during a trial. Even if acquitted, the integrity of the accused may never be the same as before he/she was accused.  \n\nHope this info helps.
834974
You can sue anyone for anything at anytime.  Whether or not you'll be SUCCESSFUL is another matter.  I actually think you're worrying about something that won't happen.\n\nLove Jack
671482
I really doubt any jury would find a person under these circumstances guilty.They would most likely let you go. For this reason I believe the D.A. would let this case die. Since they would have to admit they arrested an innocent person. And that's the last thing they would want in a long trial in the media. They would most likely try to cut a deal so that the person wouldn't sue the city. \n\nI don't know about the double jeopardy law. But it sense that you shouldn't be tried for the same crime twice.
860134
I beleive that once you have commited a heinous crime against another human being, not petty thfts, but say theft with an agrivated assault thrown in, that you automatically lose all rights as being treated like a human being. You shoot a criminal in your house after he or she has just brutalized your family, and now he can sue you for assault ? Screw that, I will shoot him dead and let him try to sue me for that ?\n\nBefore someone tries to say that me killing a criminal in my own house is just as wrong, I will tell you that defending your family and property to an uninvited guest is NOT criminal, and would most likely be considered justifiable homicide.