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  1. #1
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    Default Can You Sue Somebody for Filing a False Police Report

    My question involves defamation in the state of: North Dakota

    My attorney and I went and talked to the city prosecutor. She dropped the charges. Filed a police report with the police like I was told to do, and they refuse to press charges or forward it to the city prosecutor.
    I have hard proof evidence I was framed for the prostitution case. Even a phone call recorded (legally)

    How do I go about suing for deformation, what forms do I need to file to get the ball rolling?
    There are a few objects I want to attach to the law suit and not file threw small claims, but the courts do not have the forums available to the public.

    Do I just prepare a Complaint Forum, Summons Forum, and an Affidavit?

    Any example forums online I can use or see from someone elses case(s)?

    Thanks

  2. #2
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    Default Re: North Dakota - False Police Report

    You have absolutely no chance. Sorry.

    Now. Why are't you asking your attorney?

  3. #3
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    Default Re: North Dakota - False Police Report

    My attorney said differently that I do have a case, and will probably win. He said he does not do this kind of work though.
    Now, I don't care if I have a chance or not, I'm asking what to do to file.

    Also, do I put the statue codes in that were broken? Like the felony statue codes and misdemeanor statute codes?
    Or do I just let the judge decide that stuff or does it not matter to point that out to a jury as I would think it would?

    I have proof she owes me money as well, so I need to know how to do this outside of small claims, in district court.

    Thanks

  4. #4
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    Default Re: North Dakota - False Police Report

    You cannot force the police to forward a report to the prosecutor any more than you can force the prosecutor to pursue a criminal case against a suspect. And YOU cannot file a criminal case. You can have all the statutes you want, but, YOU do not have the ability to pursue a criminal prosecution on your own. About all you can do is go back to the prosecutor and inform them you made a report to the police and see if he will seek out that report and take it from there.

    If you have grounds for a civil suit against the party that made the false allegations, you are free to sue them. First, consult some attorneys as to the cost (think several thousand dollars and a year or two on the inside), and ask yourself if the potential defendant has the means to pay any award and legal expenses if you were to prevail.

    How does someone falsely accuse you of prostitution?
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
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    Default Re: North Dakota - False Police Report

    Complicated story I would prefer to explain on the phone if you really want to know.
    I know I don't press charges when suing someone, I wasn't sure if on the complaint forum, if I listed the criminal charges that were violated? As I'm sure a jury would want to know that to award for damages?

    So, even if the police didn't forward the report to the city prosecutor, I can talk to the prosecutor to pull that report and see if they will file charges?

    To make a long story short, I had receipts what I did for the day, and video evidence where I was at, during the time said people said I was prostituting. Also, have a recorded phone call of her telling a whole different story on what happened to someone else. So if they picked another day/time. I would of been screwed. My attorney and I talked to the city prosecutor outside of court, and she wrote up the paper work to dismiss the case. All this was presented to the city prosecutor.

  6. #6
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    Default Re: North Dakota - False Police Report

    Quote Quoting BillMan
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    Complicated story I would prefer to explain on the phone if you really want to know.
    I'm not THAT interested, but, thanks.

    I know I don't press charges when suing someone, I wasn't sure if on the complaint forum, if I listed the criminal charges that were violated? As I'm sure a jury would want to know that to award for damages?
    A jury in a civil trial would hear the evidence and part of that evidence might be the elements of a particular criminal offense that was allegedly violated. Of course, that might beg the question: Why weren't criminal charges filed? And unless you have a good explanation a jury might conclude that the evidence wasn't there or the elements of the offense were not adequately met, hence, no filing.

    But, filing a civil suit will be expensive. I'd say a conservative estimate would be about $10,000 on the low end. Most civil suits I know of out here will require at least twice that as a retainer. You might consider consulting an attorney in your area to see what they might charge for such a matter ... and, as I mentioned, can the potential defendant pay any award if he loses?

    So, even if the police didn't forward the report to the city prosecutor, I can talk to the prosecutor to pull that report and see if they will file charges?
    The prosecutor can request the report from the police and is free to review it and do with it whatever he or she sees fit.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7
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    Default Re: North Dakota - False Police Report

    Cool, and thank you.

    The police officers I made the complaint too said they are getting the police cheif here to see if he will want to press charges, (I forgot to ask them to forward it to the prosecutor) The police cheif didn't listen to a word the officers had to say, and just said you got to go to civil court. But I don't want to do this in small claims, I want to take it to disctrict court, so not sure how I file for this? If I put the law codes I believed to be violated in the paperwork, or if I point them out during court?

    Is there an example of a civil suit that is in district court above small claims heard in front of a jury, I would love to read the papers that were done for this to happen.

    Thanks

    - - - Updated - - -

    I will do this pro se, as I will be sueing for money owed as well, and don't want to do it threw the small claims procedure, as I know I will win that no problem. I just want my case heard in front of a jury instead of a judge. But not sure if I put the century codes in the paper work or not of the laws I believe to be violated to help out with the slander cause and that these people nearly ruined my life.

  8. #8
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    Default Re: North Dakota - False Police Report

    Quote Quoting BillMan
    View Post
    How do I go about suing for deformation, what forms do I need to file to get the ball rolling?
    There are a few objects I want to attach to the law suit and not file threw small claims, but the courts do not have the forums available to the public.

    Do I just prepare a Complaint Forum, Summons Forum, and an Affidavit?
    Courts are not a place for people who have weak written communication skills are likely to be comfortable representing themselves.
    Quote Quoting BillMan
    Any example forums online I can use or see from someone elses case(s)?
    You may be able to find example pleadings for a defamation case in your state through some clever searches on your favorite search engine, but you would likely be better served by looking for sample or model pleadings in the practitioner's guides in the count law library or an area law school library.
    Quote Quoting BillMan
    View Post
    My attorney said differently that I do have a case, and will probably win. He said he does not do this kind of work though.
    If your lawyer believes you have a viable case but won't either represent you or refer you to a lawyer who will handle your case, it's reasonable to infer that your lawyer believes that there is some other problem with your case -- such as there being virtually no chance of shaking any money out of the defendant if you prevail. I suggest you discuss your case in a bit more detail with your lawyer, and seek a referral. Your posts here suggest that you're going to have great difficulty trying to represent yourself in a regular trial court.

  9. #9
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    Default Re: North Dakota - False Police Report

    Quote Quoting BillMan
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    Cool, and thank you.

    The police officers I made the complaint too said they are getting the police cheif here to see if he will want to press charges, (I forgot to ask them to forward it to the prosecutor) The police cheif didn't listen to a word the officers had to say, and just said you got to go to civil court. But I don't want to do this in small claims, I want to take it to disctrict court, so not sure how I file for this? If I put the law codes I believed to be violated in the paperwork, or if I point them out during court?
    If you do not how to file or reference legal points, you have no business trying to file this on your own. In fact, it is very like your filing would be rejected outright as you would likely not file it correctly.

    A lawsuit is about money. It costs a lot of money to try and get a lot of money (or even a little). If this is not a big money case, you'll have to pay an attorney at every step of the way and that will be costly.

    I will do this pro se, as I will be sueing for money owed as well, and don't want to do it threw the small claims procedure, as I know I will win that no problem. I just want my case heard in front of a jury instead of a judge. But not sure if I put the century codes in the paper work or not of the laws I believe to be violated to help out with the slander cause and that these people nearly ruined my life.
    There is NO JURY in Small Claims court in ND. Small Claims actions are about money. You will have to present evidence of actual financial loss for which you are seeking compensation. You cannot file and seek punitive damages because they may have made a false police report or even slandered you. If you want an award that includes punitive damages, you'll have to go to Superior Court and that will be expensive.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #10
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    Default Re: North Dakota - False Police Report

    Quote Quoting cdwjava
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    There is NO JURY in Small Claims court in ND. Small Claims actions are about money. You will have to present evidence of actual financial loss for which you are seeking compensation. You cannot file and seek punitive damages because they may have made a false police report or even slandered you. If you want an award that includes punitive damages, you'll have to go to Superior Court and that will be expensive.
    I am aware of that, that is why I want to take it to district court, the step above small claims to have it heard by a jury as stated. All I need to know, is if people in the complaint or summons if I refer century codes that the other party did that affected me, Thanks.

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