Sunday, February 7, 2010

Can you sue a person that's pressed false charges against you?

My friend shook hands with someone and the person noticed later that the ring was missing. He was then arrested and charged with grand larceny. The ring was later found and positively identified by the owner. HOWEVER, the person is still pressing charges.

I'm not sure if he's still charged with grand larceny since the ring in question has now been found. However, this will go on his permanant record and will affect his possibly future citizenship application.

The person pressing charges was extremely agressive throughout the encounter and verbally harrassed my friend's brother and coworkers. The person also threathened to kill my friend if the ring was not found not only once but twice. A harrassment complaint was filed with the police so it's been documented. Everything happened inside a restaurant so there are a number of witnesseCan you sue a person that's pressed false charges against you?
I do believe so. I think the you can sue for ';defammation of character';. Basically, because you are being accused of commiting an act that will affect how other people percieve you. The threats of harrassment can also be charged.

As far as the grand larceny charge they are posing, I'm pretty sure any judge would throw that out.

You also have a right to those things called public records. If you know where this person resides, you can check with their Clerk of Courts to check and see if they have a history of doing this. If they do, then chances are the judge will rule in your favor. Then, your countersuit will be more favored.

Remember, every state has different laws. I am in Florida, and those are our laws. You might want to check your state statues on your state's government website.

Hope this helps!Can you sue a person that's pressed false charges against you?
Pain and Suffering is your best chance. But if its still pressing charges you will have to wait till its over and your friend gets paperwork that is was thrown out, because lack of evidence.
The person who threatened to kill your friend is ALSO guilty of a crime - at least where I live - ASSAULT. You can NOT threaten someone with physical harm, LEGALLY, unless it is a situation like a sanctioned boxing match. Your friend CAN sue, but its always a bit of a toss up as to what might come of it. Your friend can bring up the threats in the court case - judges DO pay attention to that kind of thing. I think the fellow who is pressing charges isn't being reasonable. He has zero evidence, apparently, and in a court of law, zero evidence = case dismissed.
These days you can sue anyone for just about anything. Odds are that your friend wont get anything out of it but a bill from his attorney. So as I see it its a no win situation.
Yes, filing a false police report is a crime, as is making verbal threats of violence. Any smart District Attorney will see this for what it is and honor your friend's motion to dismiss for lack of any evidence of a crime. They have better things to do.
yes u can so them for pain and suffering....which is going through all that stress and bull when it wasnt u!
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