Chicago, IL asked in Criminal Law and Libel & Slander for Minnesota

Q: How do I know if the situation I'm in constitutes Character Assassination?

Father of victim called and lied about health condition of victim to police and called prosecutor repeatedly until charges were filed. Victim has a psychosis condition hearing voices and people telling her what to do. Father was asked if the said condition was present in victim and father lied to police and stated she does not have the condition. But medical records show she has it and is under treatment for the condition. Father sent emails to defendant and wife that stated victim has been hearing voices. Father stated in audio tapes him saying victim was hearing voices and making decisions based the voices victim heard. Charges were filed. After 2.75 yrs of waiting for the prosecutor to do anything, charges were dropped, In the interest of Justice. I'm unable to get and or retain a job in the field I was employed previously. Prosecutor is slow to allow the expungement of the case.

Victim has a valid drivers license. Been arrested for DWI and speeding in last year.

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1 Lawyer Answer
Jonathan Matthew Holson
Jonathan Matthew Holson
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: Character assassination isn't a "legal concept." Pursue to the expungement and try to get that pushed along. Ultimately, it is not up to the prosecutor whether to allow the expungement. That is a decision that the judge makes. You could certainly try to pursue some sort of claim against the father, but I don't expect that would be particularly fruitful unless he is wealthy.

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