Legal Question in Criminal Law in Georgia

innocent until proven guilty

Several months ago my boyfriends business was busted for meth and he was taken to jail along with another person. Since then the city where his business is located has sent out a Memo to other business and to the residents of this city that informs everyone of what happened and also saying not to use him or his services. He has seen this memo and has since lost quite a bit of his customers and other possible business because of this. My question is, can they do this to him and if not should he sue the city for this? He has not been found guilty of anything. It hasn't even went to court yet.


Asked on 6/18/04, 6:01 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: innocent until proven guilty

Your question is only indirectly related to criminal law. The assumption about which you speak, applies to criminal trials. It does not apply to civil situations.

If the communication about your boyfriend is false, it could well be a slander of his business reputation. Without getting into immunity discussions, it is possible for there to be an actionable claim.

The facts you have given me are insufficient to form any kind of opinion. If a municipality of county government is involved there are legal requirements in the form of ante-litem notices which must be made within certain time periods or his right of action will not survive. He should speak to an attorney as soon as possible if he is considering bringing a civil suit.

He should also vigorously defend the criminal matter, if he is not already doing so.

Please have him contact my office, if he would like to speak further about either or both matters.

Jim Hough

770-607-5300

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Answered on 6/19/04, 11:20 pm


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