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Criminal case suspended

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trams

Junior Member
What is the name of your state (only U.S. law)? Florida


Someone filed a defamation civil lawsuit on me and it is till going on. In the mean time, the Plaintiff filed a criminal case against me and the police recoded it under 784.048(2) and finally the police suspended the case due to lack of new or additional evidences to press charges against me.

What are the implications or consequences of this criminal case suspension (how it will impact my civil case or otherwise)?

Can I file any case civil or criminal) or pursue any other legal action against the Plaintiffs for filing that criminal case?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Florida


Someone filed a defamation civil lawsuit on me and it is till going on. In the mean time, the Plaintiff filed a criminal case against me and the police recoded it under 784.048(2) and finally the police suspended the case due to lack of new or additional evidences to press charges against me.

What are the implications or consequences of this criminal case suspension (how it will impact my civil case or otherwise)?

Can I file any case civil or criminal) or pursue any other legal action against the Plaintiffs for filing that criminal case?
There may be no implications or consequences to the civil defamation case with the suspension of the criminal case. It depends on the facts of both the civil case and the criminal charges that were filed.

You can always file a civil action against anyone at all. Whether a case has any merit or not will depend on the facts.

You cannot, however, file a criminal action. You can file a police complaint which will be investigated and then, if there is evidence of criminal wrong-doing, the police can turn the evidence over to the prosecutor. It will be the prosecutor who will decide whether to pursue any criminal charges.

Did you want to provide more details? As a word of warning: It is often not smart to divulge too much on an internet forum.
 

trams

Junior Member
Thank you and appreciate.

It took around 6 month time for the police (prosecutor) to suspend the case since it was filed. The police report, that I received under open record act after it was suspended, states that there is/was a kind of cyber harassment involved but could not determine who was involved in it. The police contacted me when the case was active and I rejected any involvement in that defamation or harassment (because I am/was not involved in it).
 

quincy

Senior Member
Thank you and appreciate.

It took around 6 month time for the police (prosecutor) to suspend the case since it was filed. The police report, that I received under open record act after it was suspended, states that there is/was a kind of cyber harassment involved but could not determine who was involved in it. The police contacted me when the case was active and I rejected any involvement in that defamation or harassment (because I am/was not involved in it).
You probably cannot breathe easy yet on the criminal charge, if it was only suspended and not dismissed.

You have not had an attorney assisting you with either the criminal or the civil cases filed against you?
 

trams

Junior Member
Thank you and appreciate again.

How long it takes from suspension status to dismiss status, assuming if no new evidence is found again me? That is, how long a criminal case can be on suspension status? Do I need to do anything for this?

I have an attorney for the civil case but not for criminal case. Is it necessary to get an attorney for the criminal case at this stage?
 

CdwJava

Senior Member
A case can be suspended indefinitely ... even a closed case can be reopened, so its status really doesn't mean a whole lot. Depending on the nature of the allegation sand the level of proof, there may be nothing in the allegations that will effect your civil case.

As was mentioned, you can report what you believe to be a false report to the police, but not being able to prove an accusation doesn't mean it was false. It is exceedingly difficult to prove criminal case for false reporting.
 

quincy

Senior Member
Thank you and appreciate again.

How long it takes from suspension status to dismiss status, assuming if no new evidence is found again me? That is, how long a criminal case can be on suspension status? Do I need to do anything for this?

I have an attorney for the civil case but not for criminal case. Is it necessary to get an attorney for the criminal case at this stage?
If you have an attorney for your civil case, you can be, and probably should be, directing all of your questions to him/her. Attorneys really don't like it very much when their clients discuss their cases online. ;)

It does not appear from what you have posted that you need to have a criminal defense attorney at this point, if the criminal case against you has been suspended. That said, it would not hurt to discuss the original 784.048(2) charge with an attorney in your area, if you are feeling at all anxious about it. The attorney you see can, perhaps, give you some idea if the suspension is likely to lead to a dismissal or if it seems likely the prosecutor has an intention to resume the action.

Good luck, trams.
 

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