Falsely accused & investigated....

[angiet410]

Recently I was contacted by my local sheriff's department involving a theft that took place in my area over a year ago. The investigator told me he had information that I sold the stolen item for someone over the internet. The man who gave the investigator this info was the man that had the property stolen. First he accused his sister right after it happened but no charges were ever filed. I believe he made this accusation against me because I am friends with his sister and she came to my house the day before I was reported (for the first time since it all started a year ago) She did live in the neighborhood but moved after this happened. I went to the station, gave a statement and brought in all my internet sales records. The investigator said not to worry about it, but I want to know if there are any civil or criminal charges I can file against this man for this false accusation.
Thanks!

 

[lawrat]

I am a law school graduate currently awaiting Bar results. What I offer to you is merely advice, not to be construed as forming an attorney-client relationship.

I think what this individual can be charged for malicious prosecution (or attempted at least), but more so under the theory of abuse of process. Essentially, this individual went and abused the police system to launch an unfounded, non meritorious investigation against you. This is definitely a civil suit. However, there may be some criminal liabilities that go along with this, as well.

The best thing to do is to gather as much information as you have received and then go to a personal injury or defamation attorney (read libel and slander subsection under personal injury at freeadvice.com main page). An attorney may be found through attorneypages.com. They will be able to sift through the evidence and determine whether there is enough there to sue, if it is worth your time.

Hope this helps