A few days ago I went shopping at my local mall. The girl who is the manager of the store apparently discovered that some items were missing after I had been shopping. Although I do not know whether or not the girls I was with took anything, I did not. They contacted my sorority president and even though there is no evidence whatsoever and I didnt even take anything in the first place, she accused me of being the shoplifter even though the store was quite busy that day and I had purchased about $70 worth of items. They have no evidence so they cannot accuse me but I was wondering if I could sue or press charges for being targeted, falsely accused with no evidence and defamed by the manager contacting my president.
Lawsuit / Dispute Attorney
Certain types of defamatory statements are automatically considered to have caused damage to the plaintiff, without the damage needing to be proven. These statements (allegations of certain criminal activities) may constitute defamation per se
See a FL lawyer right away.
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Divorce / Separation Lawyer
In Florida a person is allowed to bring a claim of malicious prosecution against another who has misused the judicial process against another person for an improper purpose. To bring a lawsuit for malicious prosecution there are 6 elements that must be met:
(1) a criminal or civil judicial proceeding was commenced or continued against a present plaintiff; (2) the commencement or continuation of that proceeding was caused by the present defendant; (3) there was a “bona fide” termination of the proceeding in the present plaintiff’s favor;
(4) there was no probable cause for the judicial proceeding to be commenced or continued;
(5) the present defendant commenced or continued the proceedings against the present plaintiff with “malice;”
(6) and the defendant caused legally cognizable damage to the present plaintiff.
If a person can successfully show all 6 elements they may be able to win a malicious prosecution claim.
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Criminal Defense Attorney
It doesn't sound like you were arrested, which is a good thing. A false accusation was made against you, nothing more. You have little if any damages, that is to say, you were not really harmed by the false accusation. Sounds like you did the right thing by standing up for yourself. There's not much more you can do.
1 lawyer agrees