Burglary I, theft III, HELP

[tortrick]

What is the name of your state (only U.S. law)? Oregon.

I was arrested for climbing through someone's window to take alcohol that the said I could have previously. They decided to say that I took $1000.00 so they could get some money out of the situation. I understand that going into the home the way I did makes me liable but what they are doing is completely wrong. I'm bipolar and I was having a manic episode. There is a lot of proof showing that bipolar people have diminished capacity to make decisions. I'm also an alcoholic. Since the incident I've completely changed my life and my medical treatment. I have a psychiatrist and a counselor both willing to testify on my behalf. The issue is that this guy is going around telling everyone, in a small town, that I stole from him. My reputation is ruined and I can't get work. An investigator is involved and I'm hoping there's a way to prove that the money wasn't stolen. I have the police report, I can scan it and post it if anyone is willing to help. What will happen if I can prove this guy is lying about the money? Also, can I sue him for slander? He hasn't proven that I took any money and he wont be able to because I didn't.

 

[Eekamouse]

He doesn't have to prove you stole any money. You were caught stealing alcohol from his home. It's no big leap to see you also stealing money, too. Were you drunk when you broke into his house?

 

[Taxing Matters]

What is the name of your state (only U.S. law)? Oregon.
What will happen if I can prove this guy is lying about the money? Also, can I sue him for slander? He hasn't proven that I took any money and he wont be able to because I didn't.

If you can convince the jury you didn’t steal the money then you’ll be acquitted on that charge. You may still get convicted of burglary and theft for taking the alcohol though.

If you are convicted in the criminal case on the theft of the money and the alcohol then you certainly wouldn't have a good slander case against the victim as the conviction would clearly support that his statements that you committed those thefts is true, and truth is a defense to defamation.

If you are only convicted of stealing the alcohol, then you might have a claim for slander on the statements he makes about you stealing the cash, but you might not win much, if anything for that because I rather think that the fact you committed the burglary of the alcohol would have been enough by itself to give you a reputation in town as a burglar and thief, stealing the cash in addition to that is a bit worse, but chances are not that much different than already being considered a burglar for the theft of the booze.

If you are acquitted on everything, that still does not guarantee you a win on the slander case, though that’s certainly much more helpful to you. Since the legal standard in criminal and civil cases is different, the victim might still convince a jury in the civil case that you took the stuff even though you were not convicted in the criminal case. (Think of the OJ Simpson murder case; OJ was acquitted in the criminal case but held liable for the deaths in the subsequent civil case.)

You’d want to discuss the defamation case with a civil litigation attorney. Defamation claims can be costly to litigate and have an uncertain outcome, so you’d want an opinion from a lawyer familiar with such claims in your state to see how strong a case you’d have. Also, in general you’d want to wait until the criminal case was over before filing it, but you also do not want to blow the statute of limitations. So you need to know how soon you’d have to file it to be sure it’s timely.

 

[quincy]

What is the name of your state (only U.S. law)? Oregon.

I was arrested for climbing through someone's window to take alcohol that the said I could have previously. They decided to say that I took $1000.00 so they could get some money out of the situation. I understand that going into the home the way I did makes me liable but what they are doing is completely wrong. I'm bipolar and I was having a manic episode. There is a lot of proof showing that bipolar people have diminished capacity to make decisions. I'm also an alcoholic. Since the incident I've completely changed my life and my medical treatment. I have a psychiatrist and a counselor both willing to testify on my behalf. The issue is that this guy is going around telling everyone, in a small town, that I stole from him. My reputation is ruined and I can't get work. An investigator is involved and I'm hoping there's a way to prove that the money wasn't stolen. I have the police report, I can scan it and post it if anyone is willing to help. What will happen if I can prove this guy is lying about the money? Also, can I sue him for slander? He hasn't proven that I took any money and he wont be able to because I didn't.

tortrick, could you provide some clarification for me, please?

You say you have "completely changed" your life since the incident. How long ago were you arrested for breaking into the fellow's house?

You say the guy is "telling everyone" about the theft. Who is "everyone?" What exactly has he said?

You apparently are admitting to entering the guy's home through his window and taking alcohol. Herein lies a problem for you with a slander case.

A communication does not necessarily have to be entirely true for the "gist" of the statement to be true and a defense against defamation. Whether you stole alcohol or money or just a pair of dirty socks does not matter all that much, in other words. You entered the house illegally and took something that did not belong to you. The difference between alcohol and dirty socks would matter mostly in damages claimed and restitution ordered.

Any statement about you breaking and entering and stealing would be substantially true. Truth is a defense to a claim of defamation, even when a reputation is harmed by this truth.

In Oregon, you have two years from the date a defamatory statement is published to file suit. I think more important for you right now than spending time considering a slander claim is defending against the criminal charges. I recommend you have a criminal defense attorney assisting you with your defense.

Good luck.