I live in Missouri and am not only a paramedic, but I work as a federal employee. Not sure what the stipulations are on being a public figure but I consider myself one and a criminal lawsuit (if convicted) could potentially hurt my job.
This question involves some explanation prior to being asked so bear with me. I am being accused of property damage, a class B misdemeanor, and am being prosecuted by the state. The incident in question involved several accusations made in a police report filed by my ex-fiances new girlfriend on the day my attorney had him served with custody/child support court summons. In the deputy officer's report it states that the woman he lives with said "since you are serving him with her papers I want to file a report against his ex-girlfriend (me)". The property that was supposedly damaged was a motorolla cell phone. The new girlfriend stated in her police report that I picked up the phone and threw it into an oak entertainment center, smashing it into several pieces. I did not committ this offense, nor did I touch her phone.
Initially I was unaware of the charges brought against me and missed the first court date and due to having a failure to appear because I never recieved notice, a warrant was issued for my arrest. I calmly walked into the police department and turned myself in as soon as I knew about the warrant, posting a $400 cash only bond. I have no criminal record prior to this.
I have hired an attorney to represent me in this matter and his retainer has cost me $1000 to date. The accusations made in the police report are completely false and groundless. I believe it to be an act of pure retaliation and nothing more. However, I have incurred many legal expenses plus the expense of traveling over three hours for court due to having moved from the county and stress at work due to being afraid my job could be terminated if grounds are found for conviction. My attorney made a motion for discovery as soon as I retained him and I have recieved a copy of the discovery from the prosecutor's office as well. The girlfriend of my ex took photographs of the "damages" to go with her statement. These photos include one of the "broken" cell phone lying in a perfect pile next to the oak entertainment center and the couch. The pictures are completely staged, in as much as the furniture was not in the position photographed on the date in question when I was at the residence to collect my son.
My question to you is this: Due to having a false report filed against me and incurring the heavy legal fees and traveling fees, also losing time at work and being unable to regain the accrued hours of sick time and annual time off normal given to me for working my regular shifts, am I eligable to file for defamation of character or any other legal action against this woman for her blatant attempt at retaliation against me? Please help, I am still currently trying to get through this case and pray that the courts see the nature of this person by her actions and rule in my favor. Any comments, facts or opinions are appreciated.
This court case has been the cause of considerable stress in my life and countless sleepless nights as well. Please help me sleep at night again and protect myself from this person and help protect the next potential victim of her lies.