A family member was put in jail for crimes they did not do the person who is accusing them was attacked in the dark and later woke and blamed a random person who happened to be my family member. They must in jail at this time no bond. Would we be able to file for slander and pain and suffering for lost of job?
2007-09-03 09:39:49 · 5 answers · asked by Just Jobe 1 in Politics & Government ➔ Law & Ethics
If you know for a fact that your relative did not attack the victim, then you must know about some exculpatory evidence, but however laudatory loyalty is, it is not knowledge.
Statements given in the course of an investigation and in court are protected from slander suits, but if your relative is found not guilty and the victim has been making statements outside of those proceedings that were damaging to his reputation, then he (not the family) could sue for slander.
The burdens of proof are as follows: your relative must prove that the victim/defendant made the statements outside of the legal process and be able to assign a justifiable dollar amount to the damage that resulted. The defendant then must show that the statements were true, and since the standards of proof is different in civil cases (preponderance of evidence; reasonable doubt does not apply), that is not as hard to do as it is in a criminal case.
If your relative is acquitted, but his attorney discourages a slander suit, he would be wise to listen.
2007-09-03 10:06:20 · answer #1 · answered by nightserf 5 · 1⤊ 0⤋
If it comes out that your family member is innocent, they can file all the above, not any other family memberit has to be the accused. Depending on your state statutes, others may be able to sue for stress and loss of job but only if it's immediate family. Check with the accused attorney and ask this question. He can answer it more confident and more knowledge being he's from your state and county.
2007-09-03 14:06:48 · answer #2 · answered by lilbreeze2000 3 · 0⤊ 0⤋
I was robbed at gun point. They also stole my friend's car. When they were caught three blocks away in a different car they had my friend's car keys. They ditched the car near by. We were inside a gas station and the camera caught the guys. I identified two of the three people. Guess what. Court found them guilty and their parents said the cops were racist and I picked the wrong people (who happened to wear the same cloth) and they couldn't explain the car keys. The parents still believed their son was innocent. Believe me your loved ones are guilty.
2007-09-03 10:33:09 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Ask anybody at the jail. They're all in there wrongly accused. You may have to let it play out in court.
2007-09-03 09:46:24 · answer #4 · answered by Flatpaw 7 · 1⤊ 0⤋
if he gets found innocent you may be able to prove she blamed him
2007-09-03 09:47:00 · answer #5 · answered by Anonymous · 0⤊ 0⤋