What can I do if the defendant is threatening to sue me for his costs, damages and more?
Asked on May 10th, 2013 on Criminal Law - South Carolina
More details to this question:
I was a witness/victim in a criminal assault case that went to trial. When the trial was concluded, the defendant was found "not guilty on the assault and battery charges (both myself and family member). Guilty on the violation of restraining orders (3 charges) and guilty on the witness intimidation charges (2 charges). He was sentenced to 90 days deemed served." He has now emailed us and threatened in writing that he is planning to sue us both for his costs, damages and more. Can he/she do this successfully? I just wanted it to end, I have a family and now I feel like this person is just going to harass us forever. What can I do?
I know what I'd do and it doesn't have anything to do with the law. Which is why I don't have to deal with punks harassing me but from a legal standpoint, there's not much you can do about the e-mail unless it was physically threatening and / or a violation of a restraining / no contact order. As to the chances of him successfully suing you - depends on the facts. To me this whole thing sounds like a bunch of idiots who have no idea how handle business proper and like to run their mouths reckless while hiding behind the court like it was their mother's skirt. So odds are, when he says he's going to sue you - it is most likely more idle idiotness. However, if you accused him of a crime and he didn't do it - you could be held liable for slander and / or libel per se and quite frankly, if you did something idiotic like that - you deserve to get a spanking in the pocket book. I am curious as to why you refer to him as he for most of your question then he/she and finally as 'this person'? Do you not know who is harassing you? Further, you say 'oh, i just want this over'. Really? You had the man(?) charged with assault, ultimately convicted on some charges - are you surprised that he would now want some pay back? What can you do? Count yourself lucky that he is silly idiot who is resorting to lame e-mails instead of some one with the stones to burn your house down with you and your family in it.
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is possibly, although considering the remaining charges that he was found guilty of, he may have a hard time pursuing his claims. I strongly suggest that you contact an attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options. You also may want to consider a restraining order to stop the harassment.
NO! he cannot sue you. Just because the jury acquitted him on the assault charge, that does not mean there wasn't sufficient probable cause for the initial arrest.
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