Legal Question in Civil Litigation in Georgia

Slander/Libel- Arrest

My daughter's father and his wife charged I made death threats against them outside the restaurant where they work. An officer took statements from them and the restaurant�s manager. Based on this, I was indicted and arrested for Terroristic Threats and Harassing Phone Calls. I had a witness who was with me when it was reported these acts took place. The manager's testimony in court contradicted his written statements (which implied he had personal knowledge that I made threats), ultimately stating he never actually saw nor heard me make threats. I was found not guilty when the case went to court. I now have an arrest record and owe over $5,000 in attorney's fees plus interest. I feel these charges were retaliation for me filing contempt charges and modification of custody against my daughter's father. I'm sure the manager's, acting as a representative of the restaurant, written and oral statements to the officer played a major role in the charges going before the Grand Jury and to my arrest. Do I have grounds to sue for libel &/or slander to at least recoup attorney fees? If so, what length of time do I have to do this in?


Asked on 4/01/03, 9:49 pm

1 Answer from Attorneys
Keith Reisman Reisman Law

Re: Slander/Libel- Arrest

In answer to your questions: (1) You may have grounds to sue; and, (2) You usually have two years from the time the cause of action arose (the date of the report to the policeman in this case) to bring a lawsuit. I suggest that you discuss this matter with the attorney who handled the criminal case. He is in the best position to evaluate your claim and to advise you.

This answer, though responsive to the question, is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.

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Answered on 4/07/03, 9:16 am


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