Any advice or comment regarding Slander will be helpful ????

[Philavanh]

What is the name of your state? Michigan


I am new to the Forum and any advice, comment or suggestion would be very helpful. Here goes my story******************************************.....There was a crime that was committed and I was falsely accused of being there because my brother was involved in it. I got arrested because there was a warrant out for me. I had to go through a Bondsman to get out of jail (The bail was too much for me). I also spent money on a lawyer and took time off of work to go to the Pre-lim. At the Pre-lim the witness identified me as being at the crime scene and also on her Police report. Later on during the Pre-Lim she changed her mind and said I was not at the scene (because she was not 100% sure). The witness said she no longer wanted to pursue the case and the case was dropped by the Prosecutor. I want to sue the Witness for making false reports and putting me through Hell during the whole issue. I also want her to pay for all of my expenses (My time, my Witness's time, Lawyer fees etc.) and be punished for lying and putting me in jail. I would like to know what I need to do (proper steps) in order to pursue this ? If so, what do I need to do in order to sue this person for Slander ? Again......your thoughts, comments and advice will be very helpful.

 

[seniorjudge]

You forgot to tell us what your permanent and serious damages were.

What is the dollar amount of the direct and actual damages you suffered here?

 

[Philavanh]

The Pain/Suffering and Emotiional Distress while I was locked up in jail and throughout the whole court issue. Just the thought of being locked up for years for something that I didn't do. Everyday I thought about being locked up and not being able to see my family and my son, trust me, it bothered me everyday, especially when you know that you are innocent. I wonder why would a person make up a lie and put someone innocent through the stress and pain of going through court and being convicted for something that they didn't do****************************....I couldn't even put a dollar amount on the direct and actual damages that I suffered, its just something that you don't want anyone innocent to go through. Just the thought of being locked up for a very long time just because someone accused you of doing something you didn't do. I do have to say that ever since this happen the permanent and serious damages were I've been more scared to do things by myself. The reason for this is because if someone ever accuses me of doing or being somewhere again, I want to be sure that I'm with people who I can call my witness to prove that I was with them. I'm very new at this court thing, this is the first time I ever been to court. Any advice or any other questions you have in order to help me, please feel free to ask me ?

 

[BelizeBreeze]

What is the name of your state? Michigan


I am new to the Forum and any advice, comment or suggestion would be very helpful. Here goes my story******************************************.....There was a crime that was committed and I was falsely accused of being there because my brother was involved in it. I got arrested because there was a warrant out for me. I had to go through a Bondsman to get out of jail (The bail was too much for me). I also spent money on a lawyer and took time off of work to go to the Pre-lim. At the Pre-lim the witness identified me as being at the crime scene and also on her Police report. Later on during the Pre-Lim she changed her mind and said I was not at the scene (because she was not 100% sure). The witness said she no longer wanted to pursue the case and the case was dropped by the Prosecutor. I want to sue the Witness for making false reports and putting me through Hell during the whole issue. I also want her to pay for all of my expenses (My time, my Witness's time, Lawyer fees etc.) and be punished for lying and putting me in jail. I would like to know what I need to do (proper steps) in order to pursue this ? If so, what do I need to do in order to sue this person for Slander ? Again......your thoughts, comments and advice will be very helpful.

Based solely on the facts presented in your post, you have no case. Move on.

 

[Philavanh]

So your saying that anyone can falsely accuse YOU of a crime, make you go through court and spend all this money and they can get away with it without getting into any sort of trouble ??

 

[BelizeBreeze]

So your saying that anyone can falsely accuse YOU of a crime, make you go through court and spend all this money and they can get away with it without getting into any sort of trouble ??

You were NOT accussed of a crime. You were identified as being there.
If you disagree, you are free to spend $5,000 for a local attorney to take your case.

 

[Philavanh]

I thank-you for your thought BelizeBreeze. Let me try to better explain, I was accused of being there at the crime scene, and I was charged with the crime committed, that is why I was served with a warrant and arrested. Let me ask you a question and I would like to know your honest answer**************..If you were in my shoes, and you had to go through what I went through, what would you do ? Would you let the Pain/Suffering and Emotiional Distress that you went through as well as the thousands of dollars you spent just go to waste, all because one person decides to say that you were at the crime scene and therefore you were charged with a crime ?

 

[The Occultist]

It doesn't matter what Belize would do. It's already been summed up for you: such a lawsuit will cost a LOT of money, with very little reward if you somehow actually won. I think you'll find it's not worth it. If you decide not to take the advice that has been thrown at you, go ahead and retain a lawyer (I promise you none will do this on contingency), and get ready to invest a lot of time and money. Good luck.

 

[Philavanh]

Thank You for your thoughts and comments, I will think things through and make a decision by the end of the month. Its just ashame that someone can get away with getting someone in trouble by lying. Any new thoughts or ideals would be greatly appreciated ??

 

[neener17]

You should not have placed yourself in the prediciment to begin with.. No you have no legal action. Forget it and move on!!!

 

[Philavanh]

neener17 - what happened to me I had no control of, sad thing is that it could have happened to anybody and from what everyone is telling me, theres nothing nobody can do.

 

[seniorjudge]

neener17 - what happened to me I had no control of, sad thing is that it could have happened to anybody and from what everyone is telling me, theres nothing nobody can do.

Hire a lawyer (as BB told you to do) and keep us posted with the progress of your case.

 

[Philavanh]

Can that person who made the false police report get into any kind of trouble ?

 

[Quaere]

Later on during the Pre-Lim she changed her mind and said I was not at the scene (because she was not 100% sure).

This is considered a MISTAKE and we do not punish people for making honest mistakes. If we WERE to punish for such things, people would be afraid to admit they were unsure of something. In your case, that would mean the witness would have continued to insist that you were the guilty party.

While it is unfair for innocent people to incur expenses because of someone else's mistake, this is our system.

You would only have recourse if you could prove the witness deliberately gave a false report. Knowingly making a false police report is a crime.

 

[Philavanh]

Thanx Quaere**************...Nicely explained.