Someone Has Been Spreading Rumor That I Do Drugs

[heresr]

My question involves criminal law for the state of:


Someone has been threatening my mom that I take drugs.
He told her that he found cocaine in my car and he took pictures of it.
He also said that he and his friend tasted the white powder and assumed that it was cocaine.

I have never taken cocaine in my life.

I had my car about 3 months.. only white powder in my car I could think was
the powder I got on bottom of my bag from chemistry lab. The floor was dirty and some kind of white powder got on my purse. But I am sure that wasn't cocaine.

He has been spreading rumors to my neighbors and that has been stressing my mom out so much. Two of his family members are lawyers so he has been living his life with full of confidence and takes his life as a joke.

Do you think I could sue him for spreading false rumors and for giving mental difficulties to my mom. This isn't the first time.. I couldn't stand it anymore.
We have the right to protect ourselves.

Do you guys think I could win the case?

Please help the weak ones.

[gigirle]

Someone has been threatening my mom that I take drugs.
He told her that he found cocaine in my car and he took pictures of it.
He also said that he and his friend tasted the white powder and assumed that it was cocaine.

What is the threat? That he's going to call the cops? Call him on his threat. If your not guilty, let them do their thing.

Why are you and your mother even speaking with this person?
Do you have proof that it is him?

[cdwjava]

I don't see that you have grounds for legal action against the person. They entitled to hold an erroneous opinion.

- Carl

[LawResearcherMissy]

They entitled to hold an erroneous opinion.

*nod*

OP, hold your head up and ignore him.

People are perfectly free to be morons. And you're entitled to point and laugh at them. Do so, and watch the bully crumble.

[BOR]

Do you think I could sue him for spreading false rumors and for giving mental difficulties to my mom. This isn't the first time.. I couldn't stand it anymore.
We have the right to protect ourselves.

Do you guys think I could win the case?

Please help the weak ones.

Accusing someone of a crime, meaning it is FALSE, is defamation per se, meaning it denotes vile on it's face and requires no actual damages.

However, as you point out, IF his family is bred with lawyers, as you posted, you can bet they will defend him to the max.

Best course of action, try your darndest to ignore him.

If the conduct continues, especially to an outside non family source, consider consulting an attorney.

[cdwjava]

To accuse someone KNOWING that the accusation is false ... if the person has a belief that the OP is using or dealing drugs - even if wrong - then it may not be actionable at all. I can believe you are dealing drugs and tell others about my belief - even if it is later found to be wrong. And trying to prove malicious intent can be nearly impossible in a case like this.



- Carl

[BOR]

To accuse someone KNOWING that the accusation is false ... if the person has a belief that the OP is using or dealing drugs - even if wrong - then it may not be actionable at all. I can believe you are dealing drugs and tell others about my belief - even if it is later found to be wrong. And trying to prove malicious intent can be nearly impossible in a case like this.



- Carl

If I went around your department saying you had a venerial disease, knowing it is false, that is actionable. Saying someone is on drugs, as a perceptive opinion from maybe erratic public behavior or such is quite legally different from a deliberate lie with no basis to support it.

For the OP, the word to his Mother of such an allegation is certainly Malice, IMO.

[cdwjava]

If I went around your department saying you had a venerial disease, knowing it is false, that is actionable.

That's one of the keys KNOWING it is false. We do not know that the neighbor knows it to be false. Opinions are not supbject to slander laws in most instances. A person has a right to be wrong.

For the OP, the word to his Mother of such an allegation is certainly Malice, IMO.

Generally, only if the teller knew the accusation to be false. However, if the OP can get an attorney to take her defamation suit, she can certainly try ... though without any tangible damages, I don't think anyone but the attorney will be enriched by the effort.

I have been subject to false accusations periodically over the years and if I had been able to, I would have nailed them to the wall. But proving the malice and knowledge of falsehood is a bear. Instead, you just deny, fire back, or ignore the accuser.

For more info: http://www.expertlaw.com/library/per...efamation.html



- Carl

[BOR]

I have been subject to false accusations periodically over the years and if I had been able to, I would have nailed them to the wall. But proving the malice and knowledge of falsehood is a bear. Instead, you just deny, fire back, or ignore the accuser.

An element can be 100% actionable, however, I also pointed out, that does not necessarily equate to a verdict of culpablity.

Most times it is best to ignore it, yes.

For more info: http://www.expertlaw.com/library/per...efamation.html

Yes, it also addresses "per se":

Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:

Attacks on a person's professional character or standing;
Allegations that an unmarried person is unchaste;
Allegations that a person is infected with a sexually transmitted disease;
Allegations that the person has committed a crime of moral turpitude;


You are an officer, a public official, so malice must generally be proven to support defamation. The poster is not a public official nor a public figure, and the allegation was that the person was a "criminal", is per se defamation with no supportive factual data, as least according to the poster, which was my MAIN point.

Proof is required if such suit is filed, yes, and in such cases, I will admit the burden may be more difficult, yes. Defamation cases are a bear, for sure.

[cdwjava]

Please look at the "opinion" discussion in the link. And, the last paragraph concerning why it's not always a good idea to pursue a civil action.

Maybe in your state these sorts of things are easier to initiate a successful action than in my state, but out here they are not as easy as you seem to think it is. if so, then anyone who made a report to the police which was ultimately could lose a civil suit.

Simply expressing an opinion that she is a doper is not going to go anywhere. Yes, she can FILE a lawsuit as anyone can sue anyone else for anything ... but, to win she will need to show much more than simply expressing the opinion the OP is involved in criminal activity.

- Carl