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  1. #1
    Join Date
    Sep 2011

    Default False Police Report Filed by Stepdaughter and Wife Resulting in My Arrest

    My question involves defamation in the state of: Florida, Sixth Circuit

    My estranged Wife and her adult daughter conspired with malice and forethought to file false charges of 4 counts of forgery and 4 counts of grand theft against me to detectives. Ms...... and Ms.....provided false statements under oath to detectives and the SAO regarding Ms......College student grant and tuition reduction checks, totaling approximately $ 8,000.00.

    I was arrested and held on $ 70,000.00 bond at the County Jail, for six days. I paid a bondsman $1,200.00 and my Mother put up her home as collateral, to secure my release.

    The SAO dropped the charges in after they received and reviewed exculpatory discovery from my attorneys before trial.

    I was forced to retain attorneys to defend me from these false allegations, at a costs of approximately $ 30,000.00.

    Bank of America deducted approximately $ 5,500.00 from my checking account where the checks were deposited.

    I have not been able to retain or obtain gainful employment to support my 17 month old daughter, due to these false allegations. I have been dismissed from two jobs and have been refused employment on two other occasions.

    Iím a Senior Project Manager with 20 years experience with base earnings of $ 120,000.00 per year.

    Iím currently employed as a daily laborer and make $7.50 per hour

    I have no more money for an attorney to file a civil suit. I went to the court house and did some research on torts.How many actions do I have? I need forms for this action and can't find them, where can I get them?.

    I can clearly demonstrate that they lied in the original police report, to the SAO and during depositions.My step daughter actually signed a check, deposited it into her account and then wire transfered it to me.( she claimed in the original report that she had no knowledege that she was approved for the Pell Grant and that I stold the checks from the mail box)

    I filed a police report the day after the charges were dropped and the detectives were apologetic and sympathetic to me, they now understand that they were lied to, but the SAO will have to admit they made a mistake and told me that I was being vendictive and they will not file charges against them......

    How many actions do I have....How do I get forms to file this? What is the correct action? Slander/defamation/libel/false police report/malice etc??

    Will some attorney help me right, a serious wrong...At least I can get a judgement against them for slander....

  2. #2

    Default Re: False Police Report Filed by Step Daugter/Wife Resulting in My Arrest

    Civil attorneys almost never take libel/defamation cases on contingency (unless you happen to be a celebrity suing the National Enquirer). They are long, laborious cases, and unless those being sued have a TON of money and are willing to pay any settlement or court ordered damages cheerfully and quickly, COLLECTING on such cases is problematic, at best - even if you win. Even experienced attorneys don't take these cases often, and if you're at a point where you're not sure what torts you'll bring, I'm sorry to have to tell you that you're WAY in over your head at bringing a case on your own without the assistance of an attorney. This isn't the type of thing that a message board can walk you through. An attorney might be able to help you get a judgement (which is a FAR cry from actually getting any money), but that attorney is likely to want to be paid for their services at the case moves, starting with a hefty retainer.

  3. #3
    Join Date
    Sep 2011

    Default Re: False Police Report Filed by Step Daugter/Wife Resulting in My Arrest

    I'm not asking for an attorney to get me a judgement.I need some advice on how to proceed.I can demonstrate considerable damages that are VERY collectable.I need the filing forms and what specific actions I have, based on my story.

    Will someone assist?

  4. #4
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: False Police Report Filed by Step Daugter/Wife Resulting in My Arrest

    If you want to learn how to draft and file a complaint yourself, go to a law school library or the county law library and look for a book on civil procedure before trial. Check also for a causes of action form book that might include sample pleadings for defamation cases (for example).

  5. #5
    Join Date
    Apr 2009
    Somewhere near Canada

    Default Re: False Police Report Filed by Step Daugter/Wife Resulting in My Arrest

    And what we're trying to get across is that litigating a defamation case pro se is simply not recommended.

    Do you have the required tens of thousands of dollars (up front)?

  6. #6
    Join Date
    Sep 2011

    Default Re: False Police Report Filed by Step Daugter/Wife Resulting in My Arrest

    Thank you very much

  7. #7

    Default Re: False Police Report Filed by Step Daugter/Wife Resulting in My Arrest

    Even more basic...before you expend either time OR money...assuming best case scenario, that a year or more from now, you get awarded a judgment for they have the ability to pay? Are you willing to hunt down their assets, go to court again to get leins, and then wait an indeterminate amount of time (potentially decades, if their main asset is their home) for those leins to be satisfied? Will you be ok with the moral victory if the monetary end fizzles? If not, you should really think long and hard about how much time and effort you'll be expending, and what the realistic outcomes are likely to be. In other words, OTHER courses of action, like expungement of your criminal record, are likely to be MUCH more helpful to improving your circumstances than pursuing a civil suit.

  8. #8
    Join Date
    Mar 2009
    Key West, FL

    Default Re: False Police Report Filed by Step Daugter/Wife Resulting in My Arrest

    Ditto, most of the above. HOWEVER, you do not have a defamation case. Basic fallacy.

    Everything said to the police or in court is privileged. It is a matter of public policy. There is NO private cause of action for perjury. You have no cause of action for defamation.

    What you do have is a cause of action for malicious prosecution. I have seen attorneys take these torts on contingency but one needs almost an ironclad case and find just the right attorney. I had a case where the defendants admitted under oath at the depo that they had lied on the stand in the criminal case and had fabricated the evidence. The criminal case was so weak that after the jury returned not guilty, the judge reprimanded the assistant state attorney that it was a civil case.

    I had the assistant state attorney transferred to a small town up county, and ultimately I removed the state attorney from office over this. Screw with me at your peril.

    The defendant's attorney claimed they were judgment proof. It was only after mediation they realized what dodo they were in and we settled a month later. The insurance they had at the time didn't cover (commercial garage policy) what they did, but because of the burden to defend Florida law puts on insurers they put up $7500 just to be able to walk away and they paid the entire mediation fee of $1200. The entire settlement was $11k and the end result for the plaintiff was barely enough reimbursement to cover the original attorney fees in the criminal case.

    Keep in mind these are all intentional torts. Homeowners policies do not cover intentional torts, nor punitive damages. Punitive damages is what really scares people.

    Keep in mind you can NOT have claims in your complaint for punitive damages in Florida. You must file a Motion to Amend the Complaint for Punitive Damages. Be sure the motion is served with the complaint to let the defendants know how much trouble they are really in. Tort reform has put caps on punitive damages, however, that does not generally apply to intentional torts. However, punitive damages are punishment but can not destory a person or business. They are based, in large part, on the net worth of the defendant after the jury finds them liable for punitive damages.

    Never mind the money cap, you can NOT do this is small claims. You need to file a real civil action in circuit court for malicious prosecution. The filing fee is $400. When you get to discovery, you will have to do depositions. You can figure about $1,000 per deposition unless it is unusual and goes for more than a couple of hours. I just sat through one that took two days. That plus the transcripts was about $5k. As said, mediation is $600 per side. If you don't have an attorney on contingency fronting all these costs, then you are pro se and have to pay them all upfront.

    You can find examples of Florida malicious prosecution complaints online. Once you file and have the sheriff serve the complaint, then you are off to the races. If you are lucky you will get an answer and probably some affirmative defenses. The defendants will quickly begin to see how expensive it is going to be to fight. But if they file a motion to dismiss or for summary judgment, then it gets complicated fast. Pro se you will fast be in over your head unless you already understand how this all works, know how to research case law and write briefs, must be a very quick leaner. Perhaps you can find a lawyer on contingency. Of course, that is not to say he or she will be very good.

    A single practioner, unless he is successful, is not likely going to want to get into an expensive case if the payday is a long ways away or debatable. You need a law firm with assets and a long term view. Getting a firm to take a case on contigency means you have to sell the lawyer you meet on the case. Then he has to go to the firm's new business committee and sell it to the committee. In big firms, even paying cash up front, your case and background goes before a new business committee and they decide if they even want your money. With the economy they are less picky, but still.

    Keep in mind also, if the attorney is fronting the costs, that gets deducted off the top of any settlement. You are then looking at 40-45 percent of what is left going to the attorney.

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