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  1. #1

    Default Suing Over a False Report to the Police Resulting in Arrest

    My question involves defamation in the state of Louisiana:

    A brief background on what lead up to the events:

    My moms siblings revoked her power of attorney over their mom, got their mom an attorney & convinced their mom that my mother stole from her, cleared out her bank accounts & the trust (my grandmother is the usufruct of the trust but the trust belongs to her kids). I dropped off her bank statement showing that there is still over $3 million in the trust as well as $60K in her accounts when they revoked my mother’s power of attorney. I called her several weeks later to set up a meeting so my mom could show back up that she did not steal. We talked for a while however she informed me that she wasn’t supposed to talk to me (she never said she didn’t want to talk to me). I called my aunt (one of the new power of attorneys) to talk to her about what was going on. My aunt just so happened to be at my grandmother’s attorney’s office….long phone conversation short, my aunt got aggravated when I mentioned I talked to my grandmother then asked the attorney if she sent the letter that I wasn’t supposed to call or see my grandmother (which she did not, she sent an e-mail to my mom that my mother was to not call or see her); I pointed out that I am not my mom and I just talked to my grandmother & she did not tell me that so she is not going to prevent me from calling her unless my grandmother tells me that or there is some court order.

    After, the phone conversation I call my grandmother back about 20 minutes later because if she truly want’s that I will leave her alone. My aunt picks up the phone, will not put my grandmother on the phone, is yelling at me and saying that my grandmother does not want to talk to me. I tell her to put her on the phone, I want to hear it from her so my aunt tells her “tell her no mom, tell her no you don’t want to talk to her” then my grandmother says “no I’m not talking” then my aunt immediately gets on the phone. I told her I didn’t hear her because I heard what my aunt wanted her to say so she said “you want some legal documentation I am about to get it for you” then hangs up. I call back, my aunt and I exchange words then hung up so I call back again, no answer. They called the police and I was arrested the next day (less then 24 hours after the complaint) at my office by 3 police officers (very embarrassing) The charge telephone communication; improper language for the 2 calls that I made to my grandmother after she said she wasn't talking.

    I do need to mention that the police officer left me a message to call him however I wanted to talk to an attorney first (isn’t that the # one rule…never talk with out an attorney) so I hadn’t called him back by the time of my arrest. I also need to point out that my aunt is an attorney in the small town that we live in and my grandmother’s attorney does consulting work for the DA so a part of me thought he was just doing them a favor since he said to call him on his cell not the precinct however that doesn't appear to be the case. Also, the arresting officer mentioned to me that my grandmother’s attorney gave the statement and signed her name because my grandmother has arthritis so I believe my grandmother didn’t even want to do this. Since it happened at work I had to go to HR and talk to them (they are not pleased) and I am worried that I will get fired or passed over for promotions because of this.

    Do I have a case against my aunt since she threatened me? If my grandmother’s attorney did indeed give the statement and sign my grandmother's name for her, like the officer said, do I have a case against the attorney?

    FYI, I know my family is not normal so I recorded all conversations to protect myself.

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

    Default Re: Suing Over a False Report to the Police Resulting in Arrest

    I'm trying to parse your complaint, but....

    I am missing where your aunt threatened you, or how it is relevant to a complaint made by your grandmother to the police.

    I am missing a description of the statement from the attorney, or why you think your grandmother's attorney would be liable for helping her put her statement into writing.

    You have indicated that you were charged with placing phone calls after being instructed to stop making contact. I'm missing where you state that you didn't make calls after being instructed to stop, or where you indicated that the charges have been dropped.

    Please provide the missing details, or dig them out of your post.

    Also, does the charge against you relate only to your placing calls after being instructed to stop (subsection (A)(2)), does it relate to the language you used during the call (subsection (A)(1)), or both?
    Quote Quoting Louisiana Revised Statutes, Sec. 285. Telephone communications; improper language; harassment; penalty
    A. No person shall:

    (1) Engage in or institute a telephone call, telephone conversation, or telephone conference, with another person, anonymously or otherwise, and therein use obscene, profane, vulgar, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature or threaten any illegal or immoral act with the intent to coerce, intimidate, or harass another person.

    (2) Make repeated telephone communications anonymously or otherwise in a manner reasonably expected to annoy, abuse, torment, harass, embarrass, or offend another, whether or not conversation ensues.

    (3) Make a telephone call and intentionally fail to hang up or disengage the connection.

    (4) Engage in a telephone call, conference, or recorded communication by using obscene language, when by making a graphic description of a sexual act, and the offender knows or reasonably should know that such obscene or graphic language is directed to, or will be heard by, a minor. Lack of knowledge of age shall not constitute a defense.

    (5) Knowingly permit any telephone under his control to be used for any purpose prohibited by this Section.

    B. Any offense committed by use of a telephone as set forth in this Section shall be deemed to have been committed at either the place where the telephone call or calls originated or at the place where the telephone call or calls were received.

    C. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.

    D. Upon second or subsequent offenses, the offender shall be fined not more than five thousand dollars, or imprisoned with or without hard labor for not more than two years, or both.

  3. #3

    Default Re: Suing Over a False Report to the Police Resulting in Arrest

    I realize I might of made some mistakes and I realize I might not have a case however I am not a lawyer so I don't know the laws very well. I did not use bad language, threaten, yell or anything like that. I simply wanted to talk to my grandmother and called her back because my aunt kept hanging up on me so the charge was for 2a. The DA has not made a final dision yet however they have heard the tapes, needed to discuss it, and they are likely to drop the charges. I will know by the begining of next week.

    Yes I called back after she said no she wasn't talking only because those weren't her words she was just saying what my aunt told her to say, which is clear on the tape (she is my grandmother who I talk to regularly so I didn't think I was doing anything wrong by calling back when my aunt kept hanging up on me). My aunt is the one on the recording getting angry and yelling then ends the conversation with "you want legal documentation I am about to get it for you". I sure took it as a threat.

    I have on another recording my grandmother saying that she did not want to do this, they made her.

    The phone conversation happened at the attorneys office so I understand she can help fill out the charges if needed however per the police officer the attorney signed the complaint as my grandmother. Not Jane smith for grandmother. She actually signed my grandmother's name. My grandmother didn't want this however they still called the cops, filled out the report and forged her name (like I said per the police officer, I don't have hard evidence of that yet).

    This really isn't relavent but I wanted to explain a little more. My aunt and uncle have complete control over her and her financiers so they are trying to keep us away. I believe my grandmother is being manipulated and scared into doing things. However that is just my thought. My aunt used to hit my grandmother up every week for grocery money, gas money…because she couldn't afford it and my mom just recently called out my uncle out on using the Grandchildren's trust illegally by putting it into his bussiness 5 years ago. So within a week those two get together and revoke my moms POA and now they are controlling her and her money so of course they don't want us talking to her.

  4. #4

    Default Re: Suing Over a False Report to the Police Resulting in Arrest

    The DA has not excepted the charges so they re-served me for the 2nd time to go back to court. How long do they have to decide to accept the charges or not?

    Any advise or opinion on my 1st question about whether I have a case to sue or not…or any advise would be much appreciated. Kind of lost here. I would also like to get my aunt and uncle off as power of attorney for my grandmother, maybe get the courts to assign someone since our family is out to destroy each other but I don't know if that is possible.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,427

    Default Re: Suing Over a False Report to the Police Resulting in Arrest

    You can file a suit, but you will almost certainly lose. It sounds like the report to police was made in good faith. At this point you have no proof as to what she said anyhow.

    They have a year from the time the alleged acts occurred until prosecution commences. There's no stautory time to answer the complaint.

  6. #6

    Default Re: Suing Over a False Report to the Police Resulting in Arrest

    Ok. Thank you.

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