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Malicious Prosecution

Discussion in 'Use of the Law Forum & News' started by anyhelp08, Aug 7, 2008.

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  1. Aug 7, 2008 #1
    anyhelp08

    anyhelp08 Law Topic Starter New Member

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    How can people get away with lying about others, having them prosecuted and found not guilty or charges dropped, then the accuser walks away untouched.
     
    anyhelp08, Aug 7, 2008
    anyhelp08, Aug 7, 2008
    #1
  2. Aug 7, 2008 #2
    seniorjudge

    seniorjudge Super Moderator

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    Did you have a specific question?
     
    seniorjudge, Aug 7, 2008
    seniorjudge, Aug 7, 2008
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  3. Aug 7, 2008 #3
    anyhelp08

    anyhelp08 Law Topic Starter New Member

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    No. Just ranting about the legal system.
     
    anyhelp08, Aug 7, 2008
    anyhelp08, Aug 7, 2008
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  4. Aug 11, 2008 #4
    OZONE

    OZONE New Member

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    Where can I get some advice on being falsely accused of trying to sell counterfeit product?
    Thank you.
     
    OZONE, Aug 11, 2008
    OZONE, Aug 11, 2008
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  5. Aug 11, 2008 #5
    Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Just post in an appropriate area. Anyhelp, I can appreciate where you are coming from. Unfortunately there isn't a great deal of help many people who are in "the right" get, which is essentially how this site was founded. What happens if you win your case in small claims court? That's only the beginning to hopefully getting what you rightly deserved in the first place... I'm hoping that as we move along we will be able to find ways to improve the quality of the justice system and, overall, we find an improved quality of life.
     
    Michael Wechsler, Aug 11, 2008
    Michael Wechsler, Aug 11, 2008
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  6. Aug 11, 2008 #6
    OZONE

    OZONE New Member

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    Thank you for your reply. I just posted in the forum on Ebay counterfeit sales and explained briefly what happened. Hope to get some advice on what to do next, as I will deffinitely not let this go.
     
    OZONE, Aug 11, 2008
    OZONE, Aug 11, 2008
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  7. Aug 12, 2008 #7
    CdwJava

    CdwJava Moderator

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    Because failing to convict someone is not proof that an accuser or witness is lying. It is a high burden of proof to convict someone of perjury or making a false report to the police. If we prosecuted or defendants could sue every prosecution witness who made a statement against a person acquitted, the system would shut down overnight.

    Be thankful the system worked.

    - Carl
     
    CdwJava, Aug 12, 2008
    CdwJava, Aug 12, 2008
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  8. Aug 12, 2008 #8
    anyhelp08

    anyhelp08 Law Topic Starter New Member

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    People that maliciously set out to hurt someone, ruin their career and reputation should be held accountable without the injured party having to sue. It should be criminal. The prosecutor should go after them in the same manner he came after me. In my case the system only worked because I fought for what I knew was right and the truth, at a very high cost.
     
    anyhelp08, Aug 12, 2008
    anyhelp08, Aug 12, 2008
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  9. Aug 12, 2008 #9
    CdwJava

    CdwJava Moderator

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    It IS criminal to knowingly and maliciously make a false report against someone. However, the state needs more than a "not guilty" verdict or a dismissal to make such a case.

    And you DO have the right to sue anyone for almost anything. However, being ABLE to sue them and WINNING are two different issues. You would still have to show in a civil court - by a preponderance of the evidence - that the defendant intentionally and knowingly made false accusations against you thus causing you harm. In many instances, absent a confession of guilt, the case cannot be made.

    Criminally, these types of cases are almost never made. One can be wrong and still not be criminally liable. Being wrong at trial is not criminal, making knowingly false statements can be.

    - Carl
     
    CdwJava, Aug 12, 2008
    CdwJava, Aug 12, 2008
    #9
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