Falsely Accused of Assualt & battery

[Evilaries45]

What is the name of your state?California

I was falsely accused by an ex-friend, who fell as she went out the door when asked to leave, of shoving her with all my strength causing her to fall and hit her chin on the banister of my porch. I was charged with assualt and battery and chose to fight it instead of pleaing out to something I did not do. Trial date came and the DA had no victim so my case was dismissed. However I am now out a lot of money, not to mention the stress of the past year wondering if I was going to jail for a year, all due to her lies. What can I do to see that she faces punishment for fileing a false police report and is there anything I can do about having my attorney fees covered by her? Can I sue her for slander or defamation of character or anything for that matter? Thank you for your time.

 

[badapple40]

Why don't you try malicious prosecution?

 

[JETX]

Why don't you try malicious prosecution?

And of course, you have been watching too much 'Judge Judy' for your legal education.... otherwise, you would realize that this is NOT a case for malicious prosecution.

malicious prosecution
n. filing a lawsuit with the intention of creating problems for the defendant such as costs, attorneys' fees, anguish, or distraction when there is no substantial basis for the suit. If the defendant in the lawsuit wins and has evidence that the suit was filed out of spite and without any legal or factual foundation, he/she may, in turn, sue for damages against the person who filed the original action. If malice is clearly proved against the party who brought the original suit, punitive damages may be awarded along with special and general damages. In recent cases, courts have ruled that an attorney who knowingly assists a client in filing a worthless lawsuit out of malice or spite may be liable for damages along with the client. The suit by the victim to recover damages for a malicious prosecution cannot be filed until the original lawsuit is decided in favor of the victim.

In this case, since the charges were dismissed for lack of prosecution, there is NO finding of NOT GUILTY, only a dismissal. Before there could even be a claim for malicious prosecution, the writer would have to PROVE that she didn't commit the act claimed. Simply, dismissal of the charge is NOT proof of innocense.

Further, malicious prosecution does not apply, since there was no 'malice' on the part of the victim. Simply, they have the right to file criminal charges. The police then investigate and if sufficient evidence exists that a crime occurred, the DA is asked to accept charges. If after reviewing the police records, the DA agrees, charges are filed. The complainant is EXEMPT from any retaliatory action by the subject.

 

[badapple40]

In order to prosecute a claim for malicious prosecution, it is the plaintiff's burden to demonstrate (1) institution of criminal proceedings at the instigation of defendants, (2) termination of those proceedings favorable to plaintiff, (3) lack of probable cause, and (4) malice. Ramsden v. Western Union (1977) 71 Cal.App.3d 873, 880-881 [138 Cal.Rptr. 426].

If she filed a false police report, and he can prove what she alleges isn't true and that she knew it wasn't true when she made the report, that would establish malice.

 

[JETX]

If she filed a false police report, and he can prove what she alleges isn't true and that she knew it wasn't true when she made the report, that would establish malice.

And where, praytell, did you even get an idea or hint that the criminal complaint was false??? The only thing we know is that the complainant 'no-showed' at the trial and the charges were dismissed.
And yet you still somehow suggested "Why don't you try malicious prosecution?".

 

[Evilaries45]

The charges were filed based on her lies and she knew that she was lieing. Even a blind man can see descrepencies between her verbal statement and her written one. They were given one after the other, with very little in between the two having passed. This is a link to my whole ordeal if you are interested http://www.standyourground.com/stories/pull1.php?id=53 . This is the truth, vitnesses included, and the reason she didn't show is something only she knows but one can assume it is because she knew her lies would not stand up to cross examination. Just as they didn't when questioned by anyone she lied to in the past.

The police then investigate and if sufficient evidence exists that a crime occurred, the DA is asked to accept charges. If after reviewing the police records, the DA agrees, charges are filed.

If you look at my link and read the whole story you will see that the alleged crime was never investigated by any officer until after charges were filed and even then none of my eye witnesses were ever contacted by any official of the courts or police departments.

 

[JETX]

If you look at my link and read the whole story you will see that the alleged crime was never investigated by any officer until after charges were filed and even then none of my eye witnesses were ever contacted by any official of the courts or police departments.

Normally, this forum is only for providing legally accurate ADVICE to posters. However, since you seem intent on arguing the points of your case, even after having gotten legally accurate advice, we have polled the FreeAdvice 'jury' has reviewed your post and without ANY statements or evidence by the other party, have decided that you win!! Congratulations.
Please send us your name and address and we will forward a copy of your judgment to you.

 

[BelizeBreeze]

Why don't you try malicious prosecution?

I'm suing Evilaries45 for malicious posting

 

[Evilaries45]

ok I get the point sorry. I didn't keep it going though I kept receiving alerts saying there was new posts, so I figured you still wanted to discuss it. Can i sue you for making me think there was something I could do. LOL thank you all for your time and efforts. It is appreciated.

 

[JETX]

Can i sue you for making me think there was something I could do.

If by you, you mean 'badapple', yes. Go ahead and sue the twit. However, I strongly recommend that you check to see if 'it' has any non-exempt assets first. Nothing worse than spending the time and money litigating, only to get a worthless judgment!