Legal Question in Criminal Law in Massachusetts
Defamation of CHARACTER
The police called me and said they wanted to talk to me about something. I asked what it was and they couldn't say so I went to the Police station. He had a letter written in defamation of character of someone and this person thinks it's me. The letter used the name of another person as the writer. The police acted as I was guilty and asked why I had done it. There's absolutely nothing that links me to the letter yet he insists it's me because people are saying it''s me. Questions:
Should I have consulted a lawyer before talking to the officer?
Can anyone press charges without evidence, only by hearsay?
Can he call someone for questioning based on hearsay?
Can they obtain a Search Warrant to search my house for evidence?
Can I sue the person for defamation of character?
Should I discuss these matters with anyone else?
What are my rights?
What are the possibilities of having a case filed against me based on that letter only?
What are the legal procedures of this type of situation?
Was the police officer abusive by saying I was guilty?
Was he trying to play games with me, psychological games?
What do I do now?
Thanks so much!!
2 Answers from Attorneys
Re: Defamation of CHARACTER
The Police get involved when they think there is a violation of a criminal law. It is a crime to threaten someone with bodilly harm, for example.
Defamation of character is a civil matter, not a criminal matter. The police do not get involved in civil matters. In a civil matter, if you are "responsible" (you are never "guilty" in a civil matter), then you pay money to the other party. You cannot go to jail for a civil matter (unless you are found in criminal contempt of court, for refusing to cooperate with the Court, or refusing to obey an order of the Court, for example).
If the police were involved, I would guess that you are mistaken as to what they think was done. If the Police filed a report, that report can be obtained from the Police Department for a small fee. Sometimes it takes an attorney to get the reports, in my experience (it shouldn't, but sometimes it does). If I were in your shoes, I would be concerned that the police have something more than "defamation" in mind. Do not talk to the Police again, or anyone else for that matter, until you have spoken with an attorney. Even if you have done nothing wrong, there is absolutely no benefit in talking with the Police, as they are looking to make a case against you, and they will discard anything you say that does not support the theory that you did something illegal.
Re: Defamation of CHARACTER
Would you undergo surgery without consulting a doctor? I think not.
When the POlice what to question you it's not because they have nothing better to do. They are usually involved in an investigation and they think you either have information that would be helpful or that you are involved.
can they bring charges against you? They certainly can, and it's your responsibility to either file motions to dismiss or prepare a defense.
Do you need an attorney? He who represents himself, has a fool for a client.
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