• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

charge dismissed - life destroyed

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

branded

Guest
I did something really awful 7+ years ago, very out of character - I stole some money ($2000) from my ex-boss. Court acknowledged my first and probable last time offender status, and gave me probation, restitution, community service. I did 5 years probation, and now the court has dismissed the charges, (known as a deferred acceptance of no contest in Hawaii), Charges erased. But, this being a small island, my ex-boss continues to vilify me, and I haven't worked in 7 years.

When do I really get my rights back, or should I just move under that bridge housing the homeless? Can he continue to try to destroy me even now? He promised to do so, and I think he pretty well has.
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Wll, what you did was wrong. But see, if he says anything bad about, it is probably true. Meaning, he probably says to people you are a thief, which technically you are. SO unless you can show somehow that he has said UNTRUE THINGS about, then you really don't have a defamation claim.

As to work, move! That is my only suggestion.

Hope this helps. Now you know crime never pays.
 
B

branded

Guest
Gee, since I acknowleded the act and quantified it as horrible, out of character, etc. then you know I am not a career criminal. To say that now I know that crime doesn't pay just sent me a very different message - I know it doesn't pay, but now I also know that when the law says you are clear - you're not. i.e. never cop to anything, never plead anything, never expect to thrive beyond the worst semi-provable label your enemy can provide.

sheesh - no wonder the criminal justice system doesn't work...no justice. He is saying much more than I pleaded to as charged, and usually hangs up on callers, embellishing what the court has expunged. How do they know to call him? Anyone can find out the last few places anyone has worked, via State tax records. Move? Ha! If I ever see a paycheck.
 
T

Tracey

Guest
He can only say things that are true. If he embellishes, you can sue him for defamation. If you were given a deferred prosecution, he can't say you were convicted or pled guilty to theft.

You might investigate the possibility of obtaining a restraining order against him, since the record has been expunged. A court might grant the relief as part of a defamation suit.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top