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I have the gorunds (they accused me of a criminal act) and the evidence (they accused me in a court of law and was therefore recorded), to sue someone for Slander. What action do i need to take?

2007-03-18 11:27:47 · 6 answers · asked by hollyb20 4 in Politics & Government Law Enforcement & Police

Sorry...someone accused me of assault, backed up their accusation by saying police had taken photographs and there was an ongoing investigation.
On the basis of this accusation, the judge ruled that i couldnt act as a Mckenzie Friend for the respondent in an ancilary relief hearing.

2007-03-18 12:01:02 · update #1

6 answers

If your claim is the slander was committed when the person accused you of the crime and you were arrested as a direct result of the statements made, you can sue the person in civil court for a false arrest and could be awarded money. If you sue them in small claims court you can sue up to the statutory maximum (differs depending on your state) and you don't use an attorney. In the small claims civil court you submit the crime report as the evidence and then need to prove the statements/information provided in the report directly led to your arrest and the person who provided the information knew they were false. Also, you should know that just because the case was dismissed in criminal court does not mean it was a false arrest.

You would not be able to use criminal court transcripts because you can't commit slander during a courtroom proceeding. If it can be proved someone knowingly lied in court on a material issue that could have led to your conviction, it would be considered perjury which is a criminal offense. The District Attorney would have to file charges on your behalf.

They don't allow you to sue for slander and libel during a court proceeding because victims, witnesses and suspects might be hesitant or afraid to provide their opinions of people or events if there were legal ramifications to expressing their beliefs or feelings.

I hope this information provides you with a little more direction.

2007-03-18 12:45:25 · answer #1 · answered by Anonymous · 2 0

You didn't say if you were being charged of the crime accused at the time. If that was the case, then you have no case. Either way, if your evidence was entirely during the court proceedings, your not going to get far.

Evidence used in Criminal Trials, including transcripts, are not admissible as evidence in Civil Trials, which is what a slander lawsuit would be.

I guess what i'm saying is that your wasting your money.

2007-03-18 11:57:02 · answer #2 · answered by mekounknown 5 · 1 0

The cost of suing is prohibitive for slander I once tried and was strongly advised by my solicitor that unless I large amounts of cash I was willing to gamble to forget it especially if the other party is unlikely to have the funds to recompense your costs.If you were accused falsely in a court of law I suggest you see a solicitor about reporting a case of perjury.If you are in UK you can sue witnesses in a court case for slander as if allowed it would inhibit the witnesses giving evidence and discourage people coming forward.

2007-03-18 19:55:38 · answer #3 · answered by frankturk50 6 · 0 0

First get a copy of transcript and the recording and then see the best lawyer available in Slander cases and and get him to take your case.

1 make sure that it is worth your time and effort.
2 make sure that the person or persons that you are suing have the money to pay your lawyer.
3 make sure you get the best lawyer and then go for everything the law allows.

2007-03-18 11:33:46 · answer #4 · answered by Anonymous · 1 1

No, I didn't give them a chance to sue. I became the judge and jury taking care of it myself. Then dared them to try it
again.

2007-03-18 13:26:26 · answer #5 · answered by Williamstown 5 · 0 1

in my opinion i might prepare your info on your kin she is going to bypass to and enable them to be attentive to what to anticipate. merely ask her "Why do you hate me lots?" there will be no answer. The courtroom. choose for it.

2016-10-19 00:38:48 · answer #6 · answered by Erika 4 · 0 0

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