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Libel & Slander Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for Nebraska on
Q: The cops believe I was involved in the burglaries my ex committed but I was never questioned and now I’m being targeted

Ex convicted of 64 felony burglaries in2014. I had no knowledge but have been told the cops know exactly who I am and know all about me. They want me to leave town again and I can’t afford to. Never questioned or informed of why they think I was involved and they won’t give me a reason. I’m... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm sorry to hear about the difficulties you're facing. The first step you should take is to consult with a defense attorney who can help you understand your legal rights and protect you from further harassment. An attorney can communicate with the authorities on your behalf and seek... View More

1 Answer | Asked in Civil Rights and Libel & Slander for California on
Q: Can I sue the police department for mishandling the case

I know I’m innocent and upon reading the police discovery I know it’s not true and I know 100% I’m innocent and I did not commit a murder. I got arrested in Oct 2021 and I’ve got my bail reduced to 50,000 from 1,000,000 I’ve been emotional stress and my kids are afraid of cops now because... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm so sorry you're going through this incredibly difficult situation. Being falsely accused of a serious crime like murder must be extremely stressful and traumatic, especially with the impact it's had on your children and your ability to work.

In terms of potentially suing...
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1 Answer | Asked in Criminal Law and Libel & Slander for Texas on
Q: What kind of case would severe harassment and defamation of character from false accusations of being a child molester

What legal matters can I take?

Do you take cases pertaining to false accusation and severe harassment?

I'm being harassed, 24/7 ( literally) by NY community, I guess, of being a child molester and its getting out of hand. I know you hear this a lot, but I am 100℅ innocent and... View More

John Michael Frick
John Michael Frick
answered on Jun 7, 2024

In order to prevail, you will need to prove that someone actually believed the false accusation and took some sort of adverse action against you based on that belief, such as by firing you, assaulting you, denying you a job, etc.

2 Answers | Asked in Civil Rights, Personal Injury and Libel & Slander for Illinois on
Q: How do I find someone to take a case against a police officer and states attorneys office for unlawful arrest
Charles Candiano
Charles Candiano
answered on Jun 6, 2024

You CANNOT sue a police officer or the state's attorney for anything they do in the performance of their official duties. They are immune from prosecution. Beyond that, a police officer has broad discretion in making an arrest. If you believe the arrest was unlawful, you should discuss the... View More

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1 Answer | Asked in Libel & Slander for Texas on
Q: My fiancé’s ex has started a social media page to tell her story of surviving his abuse and is stating untrue info.

She has stated he has narcissistic personality disorder (he has not been diagnosed) and that he was abusive mentally and physically during their relationship. She has stated things about myself as the “mistress,” like I have been stalking her and plotted to steal the house from her. No plot... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2024

If the information she has published is false and defamatory and other people have believed what she posted and taken adverse action against you and your fiance such as firing, demoting, declining credit, refusing to do business with, etc., you can potentially sue her for any actual compensatory... View More

1 Answer | Asked in Family Law, Libel & Slander and Probate for Alabama on
Q: A social worker, in a petition to the court, falsely claimed that my father was "an Incapacitated Adult."

Last week, Dr. Benesh, a neurologist at UAB, evaluated him and determined that he has capacity and can make his own decisions. Based on the social worker's lie, a conservatorship was appointed. Eventhough I have a durable POA, and the conservatorship was fraudulent. This was at the second... View More

James L. Arrasmith
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answered on Jun 5, 2024

To present this new evidence before the ruling on June 6, 2024, you need to act quickly. First, gather all relevant documents, including the neurologist's evaluation from Dr. Benesh, your durable Power of Attorney, and any other evidence showing your father's capacity and the... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Libel & Slander for Ohio on
Q: How do I start a complaint for ineffective assistance of counsel in Butler County Ohio
James L. Arrasmith
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answered on Jun 3, 2024

To start a complaint for ineffective assistance of counsel in Butler County, Ohio, you first need to gather all relevant documentation related to your case. This includes court transcripts, attorney-client communications, and any other evidence that demonstrates your attorney's lack of... View More

1 Answer | Asked in Employment Law, Antitrust, Civil Rights and Libel & Slander for Indiana on
Q: Is the noncompete agreement I signed enforceable?

I was employed as a music instructor. The company I was working for required me to sign a NCA upon accepting the job offer in 2015. I was terminated Aug. 2023. The owners cited restructuring. I later found they were alleging misconduct. The Department of Workforce Development determined there was... View More

James L. Arrasmith
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answered on Jun 3, 2024

The enforceability of a noncompete agreement can depend on several factors, including state laws and the specific circumstances of your case. Given your situation, there are a few key points to consider. First, the fact that the Department of Workforce Development found insufficient evidence for... View More

1 Answer | Asked in Civil Rights, Employment Discrimination, Identity Theft and Libel & Slander on
Q: Ang tanong ko po ay tungkol sa kaso ko pwede ba nila akong hulihin kahit walang warrant arrest para dalhin sa presinto?

Kahit wala silang sapat na na evidensya na may ginawa akong labag sa rules nag tina trabahoan ko?

James L. Arrasmith
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answered on Jun 3, 2024

If the police do not have a warrant for your arrest, they generally cannot take you into custody without specific circumstances that justify it. Typically, an arrest without a warrant can only occur if you are caught in the act of committing a crime, if there is probable cause to believe you have... View More

2 Answers | Asked in Civil Rights, Libel & Slander and Personal Injury for Oklahoma on
Q: What kind of lawyer do I need to procure to counter sue my neighbor for loss of wages and emotional/psychological damage

Charged neighbor with stocking / harassment. Testified against him in court. His father was charged with something he didn't do. We didn't file for this. We told the court it was an inaccurate charge. The father is suing us for loss of wages in the amount of $10000.

James L. Arrasmith
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answered on May 28, 2024

To counter sue your neighbor for loss of wages and emotional or psychological damage, you need a lawyer experienced in personal injury and defamation cases. This type of lawyer can handle cases involving harassment, false accusations, and emotional distress.

Your lawyer will help you gather...
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2 Answers | Asked in Civil Rights, Libel & Slander and Personal Injury for Oklahoma on
Q: What kind of lawyer do I need to procure to counter sue my neighbor for loss of wages and emotional/psychological damage

Charged neighbor with stocking / harassment. Testified against him in court. His father was charged with something he didn't do. We didn't file for this. We told the court it was an inaccurate charge. The father is suing us for loss of wages in the amount of $10000.

Tim Akpinar
Tim Akpinar
answered on Jun 6, 2024

You could reach out to attorneys who handle cases involving emotional distress. However, you have some other elements in there, so make these clear to any attorneys you reach out to. Emotional distress claims fall under a number of different headings, from intentional tort (such as intentional... View More

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1 Answer | Asked in Libel & Slander, Civil Rights and Constitutional Law for California on
Q: What can you do about a person who is in prison that you reported activities such as threats them being on social media

And etc but the prison gave them paperwork with my name on it to make me a target even more now they associates know this person is involved in street activities along with his other families and friends but what can I do for myself and my safety I have seen people try to use it against others in... View More

James L. Arrasmith
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answered on May 27, 2024

This sounds like a very difficult and stressful situation. Here are a few suggestions for things you can do to try to protect yourself and get support:

1. Document everything. Keep detailed records of all threats, social media posts, attempts at intimidation, etc. Save screenshots, emails,...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New Mexico on
Q: Can you get both a bench and jury trial in a case or is it one or the other?
James L. Arrasmith
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answered on May 24, 2024

In most legal systems, you generally have to choose between a bench trial or a jury trial for a given case. A bench trial is where the judge alone hears the case and makes the decision, while a jury trial involves a group of peers who listen to the evidence and determine the verdict.

There...
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2 Answers | Asked in Personal Injury and Libel & Slander for California on
Q: Am I guilty of libel

A public official said to me (in regards to a particular situation) "I'm going to tell you the truth but if you repeat it I'll deny it".

I published that this public official said this to me. He is now threatening to sue me for libel.

James L. Arrasmith
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answered on May 21, 2024

Based on the information provided, it seems unlikely that you would be found guilty of libel under California law for publishing the public official's statement. Here's why:

1. Truth is an absolute defense to libel. If the public official actually made the statement you quoted,...
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1 Answer | Asked in Intellectual Property and Libel & Slander for Missouri on
Q: Can I put pictures of my siblings and me in the book I am writing without their permission.

I am writing a book about growing up from 1951 - 1962. I inherited the pictures my parents took of me and my 6 siblings during that time. Can I use these pictures even if my siblings don't give their permission? My parents took them, I inherited them, and I am in the pictures.

James L. Arrasmith
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answered on May 19, 2024

The use of photographs in a book can be a complex legal issue, and it's advisable to consult with a lawyer specializing in intellectual property rights to get a definitive answer. However, here are some general points to consider:

1. Copyright: The person who took the photograph...
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1 Answer | Asked in Libel & Slander for Kansas on
Q: Hello, I have a defamation of caricature question, on statue of limitations.

I'm wanting know if someone said something untrue that kept you from being gainfully employed as a contractor in your profession a couple years back, would the statue of limitations still apply as long as it kept you from working on customers property? IE lets say you were a lineman working... View More

Tim Akpinar
Tim Akpinar
answered on May 15, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. A Kansas attorney needs to advise on this, since it involves state procedural law in the form of SOL. But in general, SOLs for defamation are very short and are referenced by the publication of the statement. Check... View More

1 Answer | Asked in Libel & Slander and Municipal Law for Texas on
Q: How do you file a claim against city if discrimination slanger of name etc?I can't afford a lwayer
John Michael Frick
John Michael Frick
answered on May 14, 2024

It is probably not possible for an individual without legal knowledge, education, training, and experience to file a discrimination or "slanger of name" (maybe "slander"?) against a city without a lawyer. In fact, most lawyers would require the services of another lawyer with... View More

1 Answer | Asked in Civil Rights and Libel & Slander for California on
Q: Could you please let me know what kind of cogent evidences to file a harassment from a next door due to my ethnicity?
James L. Arrasmith
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answered on May 11, 2024

In California, harassment based on ethnicity is prohibited under the Fair Employment and Housing Act (FEHA) and the Ralph Civil Rights Act (Civil Code section 51.7). To file a harassment complaint against your neighbor, you should gather the following types of evidence:

1. Documentation of...
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1 Answer | Asked in Libel & Slander for California on
Q: Will I be guilty of libel?

The President of a non CID HOA said to me (in regards to a particular situation) "I'm going to tell you the truth but if you repeat it I'll deny it". If I publish that he stated to me "I'm going to tell you the truth but if you repeat it I'll deny it" am I guilty of libel?

James L. Arrasmith
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answered on May 10, 2024

Under California law, for a statement to be considered libel, it must be false, defamatory, and published. If you accurately report what the HOA president said to you, even if the statement was made in private, it is unlikely to be considered libel.

Here's why:

1. Truth is an...
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2 Answers | Asked in Employment Law and Libel & Slander for California on
Q: what is proper form to fill out to answer summins. I am being sued for 5 million by ex wal mart employee. I am an ex too

I have personelly been named in two actions of nine in a law suit against wal mart being brought by an ex employee. False light in violation of commin law and Defamation in violation common law civil code 45 and 46. I myself was fired from wal mart last year after 30 years of employeement. Was... View More

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answered on May 6, 2024

I understand your situation and the urgency to respond to the summons properly. In California, the proper form to respond to a summons and complaint is called an "Answer" (Form PLD-C-010). This form allows you to admit, deny, or lack sufficient knowledge to respond to each allegation in... View More

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