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What to Do if Falsely Accused of Selling Drugs

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  • 08-17-2007, 12:52 AM
    zedex
    What to Do if Falsely Accused of Selling Drugs
    I am the third of six kids and youngest remaining. I have two before myself.
    A couple years ago, I was told by the oldest brother that the brother {and his wife}between us had been saying I am dealing drugs. A talk with my mother came up with the same.
    This was while I was still living in GA. My mother came for a visit {she lives in NC} amd there was a family gathering planned at the accusing brothers' house. I got a call from the sister-in-law inviting me over. I refused.
    Later that evening, the accusing brother calls me wanting to know why I wouldn't come over. I explained that I was certain he didn't want me to leave any drugs at his place. He asked where that came from and I told him what I had been told. He explained that my father had asked what I was doing for work and the brother said "probably selling dope". Fact was I was working at an auto import/export facility in town. No one asked, no one knew. I've not spoken to him since.
    Anyway, he apologized for that and asked me to attend. I refused.
    Two years later, I am living in Canada. The accusing brother has not relented. A recent conversation with my oldest brother revealed that the other is still saying I am a dealer and the reason I left GA was because of warrants for drugs and breaking and entering. My mother came for a visit and to see my newborn daughter for the first time. During her visit, she also told me the one brother is still saying I am dealing and I left for the same reasons outlined above. She also informed me that the brother has also told this to other family members as well as my freinds in GA.
    I called these friends and they confirmed the story. Former employers also confirm this.

    Heres the truth: I do NOT use drugs, I do NOT sell drugs. I am a married man and father. I work everyday. I have never been arrested for using or selling drugs, nor have I ever been investigated for such. There are no warrants for me. Not in Canada and not in GA. My arrests are for suspended license, one bad check and tresspass. And these were long ago, many years.

    My brother, on the other hand, has been arrested for breaking and entering on federal property and sister-in-law arrested for child cruelty. They are married but seperated, he lives with another woman who is married as well.

    They have no money. They do own property. They have good credit. What are my options. What I would like is to sue them and part of the punishment is a posting in the local paper with their pictures and a notation fromthem that they intentionally lied about me. Is this possible?- Could that be made part of the judgement?
  • 08-17-2007, 01:53 PM
    Mr. Knowitall
    Re: How Would You Handle This?
    Does anybody believe him? If so, why?
  • 08-19-2007, 02:20 PM
    zedex
    Re: How Would You Handle This?
    I finally understand how the question reads. I am asked if anyone believes the brother over me, right?
    Being I am not close to the family--never was--I can say that the older brother does not and my mother does not. This I was told first hand by them.

    As for former employers, I don't think so as I have no history of use or sales and was always a very dependable worker and whenever I speak with friends in GA I am always treated with respect and maintain a godd friendship with everyone.

    The accusing brother is very close to my father, whom I have never been close to, and my fathers' friends. Would they believe him? Probably.

    The people the brother knows that I do not, I would say yes as they have no chance of knowing the truth, only what they were told.

    Mr. Knowitall-- I apologize again. I understood your first post here to inquire to the board if they believe me.
  • 08-19-2007, 09:25 PM
    aaron
    Re: How Would You Handle This?
    One big factor in defamation litigation is damages - if most people believe you, save possibly for your estranged father and people you don't know, who have no role in your life, it will be difficult to prove any significant damages. The question then becomes, is it worth expending your own money to fight this "on principal" - that's something you have to answer for yourself.

    The good news, if there is anything about this that can be characterized as "good", is that most states put the burden of proof on the defendant with this type of allegation. In a normal defamation case you have the burden of proving allegations false, but with certain types of allegations (typically including criminal activity, sexually transmitted disease and certain sexual behaviors) states often shift the burden to the defendant. Also, if your brother is a homeowner, often homeowner's insurance will cover defamation claims so there is a potential source of recovery.

    Try having your situation reviewed by a Georgia lawyer, to help you weigh the advantages, disadvantages, and probable outcome of any litigation.
  • 08-19-2007, 10:45 PM
    zedex
    Re: How Would You Handle This?
    Thank you.

    I have more than enough proof of the accusations, so if burden of proof is on my part, it is covered quite well. Burden on his part is, of course, immpossible.
    I am uncertain if he has homeowners' insurance.
    Is there so way of of forcing him and his wife to post their pictures along with why they told these lies in the local paper? I feel if they were humiliated the way they did me, then maybe they will just keep their mouths shut.
  • 08-20-2007, 08:46 AM
    chuckycheese
    Re: How Would You Handle This?
    Considering his less than stellar past, along with the other circumstances you've mentioned, I believe I would simply ignore the whole thing. He probably hasn't told as many people as you think and most of them probably either don't believe him or simply don't care. Also, you might get a friendly family member in Georgia to lobby on your behalf. I'm sure you're frustrated...and understandably so.
  • 08-20-2007, 09:52 AM
    zedex
    Re: How Would You Handle This?
    My mother and oldest brother have told them they don't want to hear it as they know it is not fact, but he continues to push the issue.
    Frustrated is a gentle way of putting it.
    All my life I've had to put up with this crap. He is "better" than anyone else and I am a lowlife scum as far as he is concerned. During the school years, I had to deal with him telling others I am gay, stupid, retarded, whatever he came up with. At 42, I am entirely fed up with the whole thing and am want to take some action.
    When I go back visiting, what are people thinking of me?
    I know I am 3700 miles away and I could just let it go, but I've been doing that all my life. It is time it comes to an end.
  • 08-20-2007, 10:01 AM
    cbg
    Re: How Would You Handle This?
    Since you are determined to take action (which I think is a mistake), you'll need to discuss it with an attorney.
  • 08-20-2007, 04:06 PM
    zedex
    Re: How Would You Handle This?
    Quote:

    Quoting cbg
    View Post
    Since you are determined to take action (which I think is a mistake), you'll need to discuss it with an attorney.


    Why do you feel this is a mistake?
  • 08-20-2007, 04:39 PM
    chuckycheese
    Re: How Would You Handle This?
    Quote:

    Quoting zedex
    View Post
    Why do you feel this is a mistake?

    I think you're thinking with your heart and not with your head. You need to ask yourself a few questions before pursuing this:

    1. If you take legal action against your brother, how much will it cost you?

    2. How much time and emotional toll will it take?

    3. How will it change your reputation?

    4. How will it change your relationship with your family and friends?

    5. What will be your net gain? (Both financially and emotionally)

    If you do some soul-searching, I think you'll realize that ignoring the situation is the most prudent course of action.

    P.S. Giving the boy a good, sound beating would probably be a better solution than anything else you've considered and would probably give you more satisfaction than any other course of action.... but it could be fraught with problems.
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