ok - prosecutor never was shown the evidence/this was a family issue where 85 yr old mother mad at me and pressed charges/her attempts to also file domestic violence thrown out of court...attny at time said - because you did not know about these charges seeing you did not do them, take the plea because there is no restitution and he is giving you 2rs w 6 mnths auto term on a felony charge....he told me I could file civil suit after the prob but now of course will not s/w me because he does not do civil suits..I have proof I was not home at alleged time this occurred and have no clue why my attny told me to wait until after prob......but if I have proof of my innocense, should I not file police report that lies were told to the detetective and i have written proof?
Intellectual Property Law Attorney
in Fridovich v. Fridovich, 598 So. 2d 65 (Fla. 1992), the Florida Supreme Court held that "defamatory statements voluntarily made by private individuals to the police or the state's attorney prior to the institution of criminal charges are presumptively qualifiedly privileged." Id.
In other words, there is a presumption that you have no right to file a defamation claim against your mother for the false police report. You can overcome the privilege by proving that the she made the defamatory statements with actual malice: "that the defendant's primary motive in making the statements was the intent to injure the reputation of the plaintiff." Id.
As an aside to my colleagues who also posted here, would it really have been all that much trouble to provide some actually useful information, rather than simply scrambling for the cheap "answer points?" Seriously? You wasted your time saying "a lawsuit is expensive." It took me all of 5 minutes to actually be able to ANSWER the question.
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Workers' Compensation Lawyer
Unfortunately the civil system is likely not going to provide you any remedy worth pursuing. Family squabbles that boil over to the criminal courts present difficult and often time not remediable problems. Seek some guidance with all your facts from a personal injury attorney locally.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505
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Personal Injury Lawyer
I agree with Mr. Umansky: a defamation lawsuit will merely spend your money. Additionally, since you appear to have taken a plea bargain, you cannot prevail in a malicious prosecution case since the underlying case must have been resolved in your favor.
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