Do we need a civil or personal injury attorney?

[TripleA]

My husband was falsely accused of a crime he did not commit, (a bike was stolen from a moving company's warehouse)we had proof that he was at work, in uniform, across town when this criminal offense took place. But Because he was also being charged with his third driving on a suspended license are very expensive attorney advised him to take a plea because even though he was probably going to be found not guily on the criminal charge, they were still going to hit him hard on the driving on sus. license! Because we have three little girls, he did not want to have to do jail time so he took the plea, 6 mos. probation, adjudication withheld, and the record states that he stands by not commiting the criminal offense! Since, he has been unable to get a job in the moving business(his livelihood for the past ten years) and we are out a great deal in attoneys fees! So finally, my question is, can we sue this moving company for slander or falsely accusing my husband because they refused to drop the charges even after they saw that my husband was at work and not able to have committed this crime? They were going on an eye witness who said they saw my husband take the bike (an eye witness who was a past associate of my husbands at a prior moving company!) The whole case was based on this guys original statement, and when it came time for court, he couldn't be found! What can we do?

 

[HomeGuru]

You need a criminal law attorney.

 

[TripleA]

Why a criminal attorney?

Why do we need a criminal attorney? He had to take the plea because he was facing time on the driving on a suspended license and the prosecutor knew that we didn't want my husband to have to face jailtime so they offered a 6 mo. probation if he took the plea.

 

[rrg956]

Dear TripleA,

First things first. It is unclear if your husband plead guilty to both driving with a suspended license and stealing the bicycle. It seems that he did. If this is true and he signed a document agreeing not to appeal the matter, you may have no options. If that is the case, then your only possible option is to hire another criminal attorney to make the case that your husband either did not understand or agree with the terms of the plea bargain and to reopen the case and separate the license issue from the bike issue. The two should have never been together in the first place. It would be long shot and not a sure thing.

As for the moving company, the answer is maybe "yes" and maybe "no". If the moving company’s only form of accusing your husband of theft was reporting the matter to the law, you may have no recourse because reporting a crime either in good faith or not, is normally covered as a privileged communication and it cannot be held against them.

If, however, the moving company or any of it’s employees or agents are telling others including potential employers that your husband stole a bike, you may have civil recourse. For this you will need a civil attorney. First, being made to plead to a criminal offense is not proof of actual guilt. In many jurisdictions, it is possible to sue an accuser whose accusations have caused suffering for Slander of Title and Intentional Infliction of Emotional Distress. The key to success is 3 elements. #1. You must prove a connection between their accusations (outside the context of a crime report) and your suffering (not able to find a job, economic distress, etc.) #2. You must prove that they made these accusations without foundation and in reckless disregard to your husband’s well being. #3. You must absolutely prove your story that you have conclusive evidence that your husband couldn’t have committed the bike theft. This is called “actual innocence” and without it, it is very unlikely that any court or jury will find in your favor.

You should be aware that your husband may not be getting work in his industry because of the driving with suspended license charge appearing on his record. If this the case then nothing described herein will help. If the reason is that his former employer is giving bad references and discussing bike thefts, then hire the civil attorney and go after them. One way to know why your husband isn’t getting hired is to call the employers that won’t hire him and ask why. If the old employer is “talking trash” about your husband, another potentially productive way to hire the civil attorney, go after them and settle for a glowing letter of reference which insure your husband a fair shake with a new employer. Good Luck!

BE ADVISED THAT I AM NOT AN ATTORNEY NOR SHOULD THIS BE CONSTRUED AS LEGAL ADVICE. PLEASE REFER TO A LICENSED ATTORNEY IN YOUR COMMUNITY.