Legal Question in Civil Litigation in Virginia

Re: Can I sue sombody for slander and defamation

I think you need lawyer help too. You should certainly consult with counsel rather than listening to your friends.

There are 3 claims that seem possible, depending on the facts: malicious prosecution, abuse of process, and defamation.

Malicious prosecution requires that the criminal proceedings terminate in your favor: either the charges are dropped (not in the context of a deal or plea bargain), or that you are acquitted. If that is the case, you still have to prove that there was no probable cause for bringing the charges and that they were brought maliciously.

Abuse of process requires that the court process, after it was issued, was used for an improper, ulterior purpose, maliciously.

Defamation requires that false and defamatory statements were made about you under circumstances where they would not be privileged. Statements in court are privileged, and statements to the police are subject to a qualified privilege which can be overcome by proof of malice.

None of this needs to be demonstrated to the court before you can sue, so in that respect your friend is wrong. However, all elements must be proven for you to prevail. And in your initial pleading in a defamation (libel/slander) case, you do need to plead to whom the defamatory statements were made and, as precisely as possible, the exact words used. These are difficult cases to win.