Legal Question in Criminal Law in California

This is a bit of a a story, but it will make sense and I will try to put the pieces together for you as simply and easily as I can.

In my group of friends, we all recently kicked this ex-friend out of our group. He is diagnosed with Asperger syndrome.

Basically tonight a good underage female friend of mine's parents arrived at my house asking me if I'd slept with there daughter. Mind you this girl is like my little sister. I told him no and he'd explained to me that the police had come to their house earlier telling him and his wife that they had reason to believe from a "3rd party" that this is true and are conducting the investigation and would be back later on.

Now this is bullshit, so I went with him back to his house, and mind you this family has had problems with this same ex-friend of ours before.

I went back to their house and gave the cops my information and I'm really big on language and some of the Subtle things he was saying were coming on to me that I did it.

Basically I'm not worried about the charges as much, but what I am here for is what can I charge the 3rd party with: false accusations, slander. ect.

We're all tired of this person in our lives and mind you I'm also a preschool teacher and statutory rape is not something that can be just dicked around with off of some fucking rumor 8th grade bullshit.

I want to do something about this 3rd party. The police won't disclose information. What can I charge him with?

Sorry, I'm a bit upset, but you have to understand how serious something like this is for me.

Thanks for your time,

Tyler


Asked on 8/25/10, 10:32 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Yikes! You're a PRESCHOOL TEACHER with a mouth like THAT?

Before you go any further off the deep end, here are a few things to consider:

1) You can't "charge" anybody with anything. Only the District Attorney can file a criminal case.

2) You can sue this guy, but what do you think you'll achieve? Does he have any money?

3) At this point, the statements are confined to a small group of people. If you sue him, you'll create a permanent, public record of the allegation in your lawsuit. Anybody will be able to find it forever. Even if you win the suit, future employers may review the file and decide it's too dangerous to hire you due to this prior allegation.

The police are still conducting an investigation, so your best course of action is to stay the heck away from the guy and not talk to ANYONE about this situation except for a criminal defense attorney who is representing you. I can't tell you how many times I've seen people dig themselves a deeper hole by trying to counter a false accusation.

Finally, if you're going to be a teacher, you should have the common sense not to hang around "good underage female friends" without another responsible adult present.

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Answered on 8/30/10, 11:05 pm


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