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  1. #1
    Join Date
    Jan 2012
    Posts
    8

    Default Sheriff Deputy Telling Neighbors About Drug Charge

    My question involves defamation in the state of: California.

    A local Sheriff deputy is telling my neighbors and friends that I have recently been busted with drugs, and that I am a known user. What happened to being innocent before proven guilty. I went to a friends house and a local deputy was there talking to them. I got out of car, parked on private property, and the deputy immediately accused me of being under the influence. Since I have a proble with this specific officer always harrassing me, the Highway Patrol were called and came to the site. They conducted several tests and deemed me to not be impaired and okay to drive; however, the deputy Sheriff arrested me anyway. Why did he call the HIghway Patrol to conduct the test and then not listen to his opinion?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Sheriff Deputy Telling Neighbors About Drug Charge

    If it's true, it's not defamation. Were you busted with drugs?

    The presumption of innocence applies to the finder of fact who hears your case in court. Even in court the arresting officer won't be presuming your innocence - he'll be a witness for the prosecution asserting your guilt.

    Apparently he called the highway patrol because you were accusing him of harassing you. Are you describing the incident in which you were caught with drugs, or is this a different incident? What was your BAC determined to be, and were you in fact prosecuted for impaired driving? (And if so, impaired by alcohol or by drugs.)

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