Legal Question in Criminal Law in California
Defamation of Character Lawsuit
What constitutes sueing someone for defamation of character? I am currently being charged with sexual misconduct on a minor 15 yrs old. Through the preliminary hearing, and and two of her present statements, they have caught her in many lies and inconsistencies. Also being that I am on parole, and I had to go before a Deputy Commissioner to determine whether or not my parole should be revoked, the commissioner determined after hearing from all witnesses, including the detective, officer who took the report, and the allege victim that she was telling lies and they were too many inconsistencies in her statements. They dismissed all charges at my parole hearing, and now I am dealing with the courts. 1st question, can the transcripts from my hearing be a determining factor to dismiss the case in superior court at my readiness conference, or does it matter? Number 2, when found not guilty, after all this family has done to make negative statements about me in the community and the church, even my job, what recourse do I have against this family? Please help me??
3 Answers from Attorneys
Re: Defamation of Character Lawsuit
Police reports and other statements made in the ordinary course of investigating and prosecuting a criminal case are privileged and cannot form the basis of a defamation lawsuit. This rule will seem unjust from your perspective, but if people could be sued for making such statements then witnesses and victims would have a strong incentive not to come forward. Too many crimes would go unreported -- and too many criminals would go unpunished -- as a result.
Whether and how your parole hearing transcripts can be used in your criminal case will depend upon many details about your prior conviction and your present case, as well as what was said at the hearing. You should discuss this with your defense counsel.
Re: Defamation of Character Lawsuit
If witnesses testified at the Morrisey/Valdiva hearing there should be a tape? Civil liability post trail is severely limited as to what is said in court or to police officers...immunity issues. Good luck.
DJM
Re: Defamation of Character Lawsuit
Rights: None. Any statements made in court or pleadings during the course of litigation are completely immune from suit, even if proven false. If provably false statements are made in 'public' other than the proceedings, then you could sue.
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