criminal investigation

[santasleigh]

What is the name of your state? PA

What is my recourse for being falsely accused by private individual of property damage which is now under criminal investigation?

 

[AlmostThere]

Speak to a lawyer about how to proceed.

 

[Just Blue]

Highly recommend px hx.

 

[quincy]

What is the name of your state? PA

What is my recourse for being falsely accused by private individual of property damage which is now under criminal investigation?

What is the current status of the criminal investigation? Have you been charged with damaging the individual’s property?

 

[quincy]

Following are links to information on defamation laws in Pennsylvania. A person who has been defamed has one year from the date of first publication of the defamatory statement(s) to file suit.

From the Digital Media Law Project (2014): https://www.dmlp.org/legal-guide/pennsylvania-defamation-law

From the Legal Clarity Organization: https://legalclarity.org/defamation-of-character-in-pennsylvania/

As a note: Defamation is the communication of false statements of fact that injure a reputation. A complaint filed with the police about a crime, even if it names someone suspected of committing the crime, cannot form the basis of a defamation suit - unless it can be proven that the complaint was filed knowing the allegations were false at the time it was filed. Police complaints are covered by a “qualified immunity” to protect reporters of crimes from being sued over the content of their reports. The complaints themselves are neither true nor false. An investigation is required to determine the validity of a complaint.

 

[adjusterjack]

What is my recourse for being falsely accused by private individual of property damage which is now under criminal investigation?

You're not at the "recourse" stage yet.

Watch this video and learn why you should not talk to the police.

Then hire a criminal defense lawyer to defend you if charge.

Then you can seek recourse if you are acquitted or the charges dropped.

 

[quincy]

To find an attorney, here is a link to the Pennsylvania Bar Association:

https://www.pabar.org/site/For-the-Public/Find-a-Lawyer

 

[zddoodah]

What is my recourse for being falsely accused by private individual of property damage which is now under criminal investigation?

To whom did this person make the alleged false accusation? If the matter is still under investigation by law enforcement, then that implies that it's possible you'll be charged, and, if you're charged, there's a possibility you'll be convicted. Right?

Have you suffered any harm as a result of the accusation?

As long as an investigation remains pending, you don't have anything for which you can seek recourse.

 

[quincy]

Watch this video and learn why you should not talk to the police.

If you are being investigated by the police, santasleigh, you should not only not talk to the police (as advised in the video adjusterjack linked to) but you also should not write about the crime online or talk about it to anyone but your attorney. Anything you say to others about the property damage potentially could be used against you.

 

[santasleigh]

What is the current status of the criminal investigation? Have you been charged with damaging the individual’s property?

No, status is open and ongoing. Its been 4 months. Is there a way to find out recent status?

 

[quincy]

No, status is open and ongoing. It’s been 4 months. Is there a way to find out recent status?

If you have not had any recent contact of any sort with law enforcement (in person, by phone, by letter, through search warrant, arrest warrant or subpoena…), then you will just have to wait to see what happens. Your attorney might be able to find out something but the police are unlikely to disclose too much if an investigation is an active one.