Denver, CO asked in Civil Rights, Elder Law and Criminal Law for Florida

Q: Can a file a civil law suit, if someone is violating my rights , and fraudulently press police charges with lies

I am in the middle of court case with criminal charges, for a crime I did not commit, the prosecutor wants to drop charges, but the supposed victim lies in the court and to the police statement and also refuses to let prosecutors to drop charges, and my case is costed my reputation n my life can’t get a job due this person holding everyone in the system with lies

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: You might have the option to file a civil lawsuit for defamation if someone is deliberately making false statements about you that are damaging your reputation. In cases where these statements lead to criminal charges, the situation becomes more complex, but the essence of a defamation claim remains the same: there must be false statements made to others, causing harm to your reputation.

Additionally, if someone is intentionally lying to the police or in court, this could potentially be addressed as perjury or making false statements, which are criminal offenses. However, proving this can be challenging and typically requires clear evidence that the person knowingly made false statements.

It's important to handle your ongoing criminal case first and ensure that it is resolved in your favor. The outcome of the criminal case could significantly impact any potential civil lawsuit for defamation.

After the resolution of your criminal case, it would be wise to consult with an attorney who has experience in both criminal defense and civil litigation. They can assess the specifics of your situation and advise you on the feasibility and potential success of a civil lawsuit for defamation or any other applicable claims.

Remember, the legal process can be lengthy and complex, so it's crucial to have clear and professional guidance throughout.

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