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  1. #1
    Join Date
    Feb 2005

    If some files false charges against me, can I sue them for defamation?

    What is the name of your state? Maryland

    If someone files false charges against me, can I sue that person for defamation?

  2. #2
    Join Date
    Oct 2001
    just based on what you posted, the answer is no.

    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  3. #3
    Join Date
    Jan 2005
    Draconian Courts CT, USA

    Fasle charges, Now that I am actively involved with

    Hi John, Firstly to give you some clout of me and then I will reference my opinions as question to maybe help.

    I am in CT and your false charge question is a reality for me. I did go the route of suing the ex, and now the police of Bridgeport in Federal court as the 'bona fide' arrest affidavit and supporting evidence they provided, (a year later is fraudulent just upon its own face value. Not the facts that they allege my ex stated, but supposed you said you gave a speech to your graduating glass in 1992 at Leery hall at Columbia University. Oh in 1992 in Leery hall? Yes 1992 in Leery hall, I graduated and gave a speech. Leery hall was not built till 1994. Oops!

    Ok defamation of character. What was your financial loss because some one filed false charges? Were you arrested? Was the case nolled, dismissed, trial by jury and found innocent etc? OK if you can prove that you had to take one day of from work at $100 loss is it worth it to hire an atty. for $10,000? What you can do to protect your self against future false allegation, as I did, is assemble the info proving the allegations were false, a video maybe, narrate it, scan the reports in, hi light yellow and include the paper copies with it and send out copies to every court, cop, newspaper in your state, states atty., DCF, etc.

  4. #4
    Join Date
    Feb 2005
    Thanks for the replies.

    Could I sue the person for the legal costs (lawyers' fee, etc) of the case in which the false charges were brought against me?

  5. #5
    Join Date
    Feb 2003
    Okay, in general, you cannot sue someone very easily for allegedly making a false report. Dropped charges, a dismissal of criminal allegations, etc. do not equate to a false report. Generally, as I understand it, the courts do not permit a suit for filing a false report, but they do permit the state to pursue criminal charges for this.

    However, the standard tends to be such that the state must show that the person knowingly and maliciously filed a false report - not that they were simply in error or even mistaken to some degree. And as has been discussed numerous times in this and other legal forums, there is very little chance of a defamation suit being permitted unless it can be shown definitively that the report was made with knowingly false accusations with the SOLE intent to cause you harm. Generally, unless Perry mason broke them on the stand, this standard is not going to be met.

    But, consulting an attorney in your area that you can give all the details to probably wouldn't hurt ... aside from the money.

    - Carl

    A Retired Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
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