Is there a crime for a suspect that didi not get charged for " lost evidence " of a case to go on the internet and publicise

Asked almost 2 years ago - Miami, FL

The Prossecutor's office file about the case and containing information about the victim?
I was explaned by their Office that the File is " Private ", since the suspect had not been charged at time. So, it is not public records. And the susupect maliciously posted those papers on the Internet for all to see. What action can be done?

Attorney answers (2)

  1. Eric J Trabin

    Contributor Level 19


    Lawyer agrees


    Answered . It depends what is being posted. The contents of their file is work product and not subject to public disclosure at this time, but any actual evidence that is available to the public is obviously not confidential. If you are posting claims about someone being a criminal with no actual evidence to support it then you could be liable for defamation. But if you are posting criticisms of the police or the prosecutors for the incompetence, that is lawful.

    This is not to be considered legal advice nor does an attorney-client relationship exist.
  2. Jonathan H Levy

    Contributor Level 20

    Answered . I don't follow you at all here - you are complaining that the suspect is publicizing his or her own alleged crime in which the charges were dropped? If so, I think they would have the right to make a true statement. If there is something more to it, the Prosecutor would know.

    This is not legal advice but a general comment on society based on a limited set of hypothetical circumstances.... more

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