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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
