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by mamon 3208 days ago
The problem is, US lawyers are ridiculously expensive. I'm not aware of any other country where one court case against you can ruin you financially. So it doesn't matter if you are innocent or guilty, if you are charged, you've already lost.

EDIT: Why not make it a law that when you are found innocent then prosecutor's office should refund whatever it cost you to hire your lawyer?

2 comments

Good question. It's rare to be reimbursed. You can sue for malicious prosecution after you have been aquitted, but many times these cases don't prevail.
Do other countries have this? It would discourage nuisance suits if this also applied to civil cases.
It is my understanding that in German civil suits it's customary for the loser to pay the cost of the law suit, including lawyer's fees (which are usually coupled to the monetary value of the lawsuit, so frivolously racking up the fees is difficult).
In the US, the winning party in a civil suit can sometimes get their legal costs paid by the losing party. It depends on the type of case, and sometimes on whether the losing party is determined to have brought the case frivolously or for the purpose of being a nuisance.

The question, though, was whether a person in a criminal case would be reimbursed the cost of their defense by the government after being found not guilty.