What kind of lawyer would she need?

Question

to take a lawsuit out on a newstation (multiple news stations) for slander or libel? they basically publicised that she had been found GUILTY of numerous felony charges when she really pled to diversion. she wasnt found guilty of ANYTHING and is NOT considered to have a status as a felon. the newstation was contacted and they refused to retract thier statements or publicly apologize even after they acknowledged they had false information. what kind of lawyer does she need to contact?

Answer 1

She doesn't need an attorney, because her lawsuit won't be successful. Even though the stations were wrong about both the number of charges and that she was found guilty and instead pleaded guilty, unless she can prove:

1) that the station or stations knew the story was false when written (or aired), and
2) aired the stories with the requisite degree of malice (and that's constitutional malice, not that they didn't like someone), and,
3) that the false story caused damage.

Since someone who pleaded guilty to a charge is unlikelty to have been damaged by a report that she was convicted, and since her reputation was certainly damaged by admitting diversion, and since the requisite level of malice is high in a case like this, recovery seems very unlikely.

Nonetheless, she can consult with a libel attorney. I wouldn't count on any taking this case on a contingency fee.

Answer 2

You would need a civil attorney but get your facts straight first as truth is a defense to slander. You cannot "plead to diversion." You plead guilty, innocent, or no contest. Diversion is a punishment in lieu of a different punishment such as incarceration. If this person was found innocent, a court would have no right to impose any kind of punishment, jail or otherwise. It seems this person pled guilty with the stipulation that diversion would be the only punishment. Also, sometimes charges are dismissed after successful completion of a diversion program. Call the court, what do their records say as to the plea?

Answer 3

Defamation is tort law. So, a civil attorney who is familiar with 1st Amendment issues from the tort law side of the arena.