QUESTION

False criminal charges by an ins co

Asked on Mar 27th, 2016 on Criminal Law - New Jersey
More details to this question:
After a 45 minute conversation with a vice president of Amtrust workers compensation co I was arrested after she filed false charges against me of making terroristic threats with intentions of doing bodily harm. The police that arrested me were in West Winsdor NJ. I was released on $15,000 bail and had to travel to Trenton NJ Supreme court 200 miles from my house 6 or 7 times before it was dismissed by a grand jury after they listened to the recorded conversation. DO I have a right to sue them for defamation of character and have the vice president arrested for making a false police report thatdid substantial damage to me including a record of the arrest warrant
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1 ANSWER

Anthony Van Zwaren
Based upon what you wrote you have a right to sue the person who made the false report provided that you are iwthin the statute of limitations which is one year for libel or slander and two years for false imprisonment or false arrest. You should definitely consult with an attorney. You may also be able to file a criminal complaint for filing a false report however, I think that it would be difficult to get a prosecutor to puruse a criminal case. I am providing you with a link that might show you what you would have to prove in a criminal court assuming you got to trial. http://www.judiciary.state.nj.us/criminal/charges/falsrep.pdf
Answered on Mar 31st, 2016 at 12:09 PM

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