Legal Question in Criminal Law in California

If someone is falsely accusing me of a crime can I sue them for slander?


Asked on 6/20/12, 3:31 am

3 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

First I would say you want to deal with the criminal case (if any.) Talk to some civil litigation attorneys about the specific facts to get their opinions on suing the accuser civilly. Good luck!

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Answered on 6/20/12, 10:35 am
Edward Hoffman Law Offices of Edward A. Hoffman

That depends upon what they have said, to whom they said it and in what context.

If you are talking about a false police report, then the answer is no. Reports of crimes to the police or other law enforcement agencies are privileged. Other types of statements might or might not support a lawsuit; I would need more facts before I could give you a better answer than that.

And please heed Ms. Hofmeister's advice: If there is an actual criminal case against you arising from these false reports, deal with that first and worry about a civil case later.

Good luck.

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Answered on 6/20/12, 1:34 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

I agree with Ms Hofmeister and Mr. Hoffman. As long as there is any chance of you being prosecuted for a criminal case do not initiate a civil case. To pursue a civil case you may be required to do a deposition or to answer interrogatories. In either case whatever you say can be twisted to give the prosecutor what he/she needs to charge you criminally. I guarantee you that the defendant's attorney will do every thing they can to get you charged criminally.

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Answered on 6/20/12, 7:05 pm


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