Can someone sue for slander if charges were filed for theft but then dropped due to lack of evidence.?

Question

Husband was accused of theft involving a bank deposit bag that another employee took to the bank. A lie detector test was given and it was said that he "failed". Charges were filed and he was arrested but then all charges were dropped by the State Attorney due to lack of evidence. Can we sue for slander? There were a lot of other people involved who could have taken this money and the owner of the business are prominent people in our town and it was said that the arrest was "politically motivated". They wanted to get this resolved to cause the business owner no further problems. The detective in the cas told my husband, even before questioning, that he was going to arrest him and set a high bond.

Answer 1

He can possibly sue for Defamation of Character

Answer 2

You can sue for just about anything in this country, so yes. However, slander is very hard to prove. You will need proof that the accusations were not only false, but made with harmful intent. Then you will need to prove that it damaged your husband's reputation in a way that either affected his livelihood or his emotional well-being.
Many lawyers will offer a free consultation, so if you want to go this route, you should seek out an attorney. Just know that the fees and court costs will be pretty high, it will take quite a bit of time, and the odds are not favorable unless you can prove the above.
It's one of those things that you have to decide if it's worth the hassle, or if you're better off letting it go and moving on.
Good luck!

Answer 3

Now that you've gotten 3 or 4 answers that are based on pure speculation, you get an answer from a real attorney. Nearly every state has adopted something called the "litigation privilege". Reported crimes is basically a form of protected speech. It is nearly impossible to recover for defamation connected with the reporting of a crime.

You have possible theories for recovery: (1) malicious prosecution; and (2) abuse of process. A claim for malicious prosecution usually involves the following elements: (1) intentionally (and maliciously) instituting or pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. Besides being very difficult to prove, the fact that the prosecutor decided to even FILE the charges indicates the existence of probable cause. Criminal cases are dismissed or settled all the time for lack of evidence. Lack of evidence doesn't mean innocence.

Abuse of process usually involves the malicious and deliberate misuse of regularly issued court process (civil or criminal) not justified by the underlying legal action. I don't see any facts here to support this claim.

As with answer answer you receive in this forum, the laws of our state may vary and you always should consult a local attorney.

Answer 4

certain, the defendant can sue, inspite of the actuality that i'm not positive if he will be suing the cop or the branch (on account that a cop speaks for the dep..) even if, if he had countless previous convictions, being called a significant criminal doesn't be slanderous. the area with suing for slander is you ought to teach damage mutually with dropping your interest, having your youngster booted from day care as a effect of the comments, etc. etc.

Answer 5

Read this then go to an attorney for advice. I suggest one from out of town
http://en.wikipedia.org/wiki/Slander

Answer 6

No, because the charges were dropped, and because he was only accused of theft.

Answer 7

You should just Count your blessings, Count the money and Run.....