Legal Question in Criminal Law in California

I have been falsely accused of sexually abusing my daughter. The charges have been dropped by CPS because my wife and mother-in law made these alligations after the first ever overnight weekend I ever had with my kids and I audio and vidio taped the entire 48 hours. This has been a 6 month battle and in the begining CPS found the alligations true and their computers still say my daughter has been sexually abused with no perpatrator. I have audio of my daughter telling me "mommy say's you sleep naked". This was a set up and I want to know if I have a defamation case or what recourse options do I have???


Asked on 8/31/09, 11:51 am

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

If you were arrested or formally charged with a crime, i.e. a criminal complaint was filed and you were ordered to appear before a judge, then you probably have a case. If you were never formally charged, then your wife and mother in law may claim the statements were protected by a privilege and therefore are not admissible. If, however, the statements were made to people or entities other than a law enforcement agency, then you may have a case for defamation of character.

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Answered on 8/31/09, 1:18 pm


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