Legal Question in Criminal Law in California

r they breaking the law

Ok im going through a divorce she was being unfaithfull. as you expect i was angry i said i hope u dont have alife and i hope the scallys take ur car, a few nights on there neighbours car window got smashed and her car got paint over it ,who is the person getting blamed she went to the police and named me, her solicitor mentioned in a letter to me that the police are pending action against me. i was in bed that night my 10yr old daughter lives with me. my question is can i make a formal complaint against them for accussing me and naming me to the police when they have no evidence to back the claims against me. thanks 4 taking the time


Asked on 6/09/07, 4:55 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: r they breaking the law

Your ex and her lawyer do have evidence against you; it just happens to be circumstantial. You angrily said you hoped her car would be daamaged, and this came to pass a short time later. It's reasonable to suspect you, and there is nothing wrong with making a police report based upon reasonable suspicion. The report is probably just an innocent mistake; I see no reason to believe your ex or her lawyer acted with malice.

While you can complain about the report, you can't win a lawsuit over it because crime reports are immune from civil lawsuits. People make mistaken reports like this all the time. Those who deliberately make false reports can be prosecuted, but there is no basis for a civil suit even in those situations.

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Answered on 6/09/07, 5:35 pm


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