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False accusations resulting in arrest?

Defamation Law Discussion Forum

False accusations resulting in arrest?

Postby freedom97 » Sun Nov 20, 2011 11:42 pm

My roommate's soon-to-be-ex-husband vindictively told the police that my roommate stole his laptop worth $1,500 from his house and the police arrested her on a theft charge and she had to spend the night in jail (wrongly accused) until she got bailed out this morning. She did not steal his laptop and, in fact, bought herself one, for which she has the receipt. Further, she hasn't been over to his house since last year. Now she is going to have to pay attorneys fees, I paid the bail bondsman fees and she has to miss work in a couple of weeks to go to court again. This has been a big expense and huge pain for her, all because her ex lied to the police to get her arrested. Shouldn't there be a legal consequence for that? No attorneys around here will take on a defamation claim, and even if they did, there is nothing to get from the ex, but it seems like anyone could say anything about anyone and have them thrown in jail for no reason. Isn't there some sort of law that the ex could be charged with for lying about the theft?
freedom97
 
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False accusations resulting in arrest?

Postby ji » Sun Nov 20, 2011 11:47 pm

THe prosecutor could charge for making a false police report, but this is unlikely. The standard of proof in a criminal case is too high, and frankly, prosecutors are busy with more important things.

As for a civil lawsuit, your friend would have to pay a lawyer by the hour, because the damages are way too small to do a case on a contingent fee.

Sorry, but divine justice is not available on earth.
ji
 
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False accusations resulting in arrest?

Postby aethelbert35 » Sun Nov 20, 2011 11:50 pm

She should let this go for two reasons. First it is not worth the trouble. Second, never ever ever take anyone you've had romantic relations with to court. When you do that, you are showing the world how vindictive you are. Who wants to date someone who will get their lover/spouse/bf or gf arrested? Her soon to be ex really screwed up. No sensible woman will date this guy because he had his wife thrown in jail.
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False accusations resulting in arrest?

Postby ashly » Sun Nov 20, 2011 11:53 pm

The fact that the case has not been dropped suggests that both the police and Court consider there is a case to answer.
If the case is dismissed for lack of evidence she could prod the police to charge him with making a false report - but if his computer DID go missing (sold, given away, hocked) it's a tough one.
She needs a lawyer who can look at the case evidence of the prosecution and see exactly what she is facing.
I realize that you trust and believe your roommate but it MIGHT be true...
ashly
 
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