QUESTION
Could we be awarded a monetary settlement for forgery, defamation of character and wrongful accusations when the person is convicted?
Asked on Sep 24th, 2012 on Criminal Law - Florida
More details to this question:
The person in question is being convicted of 18 federal counts of possession, distribution and production of child porn. He is claiming we committed the acts.
8 ANSWERS
Thomas Edward Gates
You would have to sue him in civil court.
Answered on Jun 12th, 2013 at 2:10 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You could, but all you can get is a civil judgment. From what you are saying, this person is probably going to prison for some time. How are you going to collect?
Answered on Jun 12th, 2013 at 2:09 AM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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Slander or libel usually will not lie if the statements are made as part of a court process. If he is saying these things publicly outside of court, they are actionable. The next question is: Does he have money to pay any damages claims?
Answered on Sep 27th, 2012 at 5:45 PM
CAN YOU COLLECT FROM THIS INMATE? WHERE IS HIS MONEY? PROPERTY?
Answered on Sep 27th, 2012 at 5:43 PM
Michael Paul Vollandt
If he goes to the joint he probably has no money so if you get any judgment you can frame it and put it in the bathroom. No reason to sue people that have no assets.
Answered on Sep 27th, 2012 at 5:42 PM
Only if that guy is filthy rich and has the wallet deep enough, otherwise no attorney will take your case.
Answered on Sep 26th, 2012 at 1:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sorry, most probably not, statements made in court proceedings are privileged. If you think you may be an exception to the rule, engage counsel with all of the facts and get a legal opinion.
Answered on Sep 26th, 2012 at 12:58 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, you would have to sue civilly to get a monetary settlement. The person must have a big bank account or plenty of assets to make it worthwhile to go after him. Since he is facing many years in Federal Prison, the chances of getting any money are slim. Restitution could potentially be ordered, and you would have to contact the federal prosecutor regarding what your restitution should be.
Answered on Sep 26th, 2012 at 12:33 PM