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Consequences for false stalking charge.

Concord, NH |

My employee was accused of stalking 3 times wihin a month by a former employee. Each time the court ruled in favor of my employee (the defendant). The same plaintiff filled a discrimination charge against my company which The Human Rights Commission threw out and opined that the suit was in bad faith. The same plaintiff filed a rape charge which is dormant for lack of evidence.

Are their consequences for the false charges.

Attorney Answers 1

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It is not always easy being the subject of accusations that get dismissed. Generally speaking, some prosecutors may be interested in reviewing matters involving alleged false reports. However, prosecutors in most cases conduct reviews when either a judge or administrative body refers such a case for review, or when an outside attorney conducts a preliminary investigation and then presents the matter to a prosecutor's office. A civil lawsuit may be an alternative option. The tort of malicious prosecution, for example, requires proof  (1) that a person was subjected to a civil proceeding instituted by another;  (2) without probable cause;  (3) with malice;  and (4) that the proceedings terminated in the person's favor. It is strongly recommended that an attorney be consulted in this situation to discuss specific legal options that may apply in this case, and to discuss what options are realistically viable given the circumstances.

Note: The above is general information only. It does not constitute formal legal advice or form an attorney-client relationship. You should discuss your specific legal situation with a licensed attorney.

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