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  1. #1
    Join Date
    Aug 2008
    Posts
    5

    Unhappy Malicious Prosecution Slander

    My question involves defamation in the state of: Massachusetts

    I was recently brought to court by a former roommate. She claimed that items on her desk were broken and money stolen from her. I was charged with felony malicious destruction of property and larceny under $250. I really wanted to be found not guilty at trial because I never stole anything from the girl and I know she lied and manipulated the situation. I was offered a deal of pretrial probation. If I pay $350 my plea of not guilty will be accepted and the case dismissed.

    I was wondering if I could sue her for malicious prosecution. I had money and prescription medication stole from the same room around the same time. The police never asked me about the situation. Based on her word they assumed I victimized her. We would always leave our door unlocked, but she claims it was locked at the time, I know it was not. I asked her if she took my money, she said no and that she didn't have any money. Then, the next day she said I stole $80 from her. She is a person who goes by a fake name. She would lie about where she was from, and almost everything else.

    The $350 dollars that I need to pay the court will go to her for two broken mugs, a pair of glasses and the alleged $80. She said the mugs cost $80 and the glasses cost the rest. There are pictures of the broken items, but I do not think the items were collected as evidence. The glasses do not even look broken in the photo and are sitting on top of the desk. A glass mugs looks broken in two pieces, like it could be glued back together. Stuff looks moved around by the police and the value of the items was way exaggerated to raise the charges against me to a felony.

    Can I sue this girl for lying on sworn statement that caused charges to be brought against me? I was not found innocent, but is not guilty good enough? If so, how do I sue a person and how expensive is it?

    Also, the director of my building said in sworn statements that I had 5 roommates. This is not true at all, and can be proven. The case is not dismissed yet, but when it is can I sue?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Malicious Prosecution Slander

    Surely you have discussed this whole mess with an attorney? What has your attorney said?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Malicious Prosecution Slander

    She reported an offense, and the police and prosecutor found probable cause to charge you. You were sufficiently concerned about conviction that you made a deal and agreed to pay restitution instead of taking the case to trial. Malicious prosecution involves a lack of probable cause and malice in the making of an accusation, as well as disposition in your favor; leaving aside your deal-making, where the state found probable cause, it's normally really tough to try to convince a court that it didn't exist and that the complainant was acting maliciously in accusing you.

    LawResearcherMissy is correct, run this past your lawyer for an evaluation based upon the details of your case.

  4. #4
    Join Date
    Aug 2008
    Posts
    5

    Default Re: Malicious Prosecution Slander

    Much of the evidence was based on hear say and thrown out. I think the suspicion of me was based on false accusations. The reason I made a deal was because I was advised by my attorney that I was offered a good deal and a felony conviction at my age wasn't worth the risk. I still wanted to clear my name at trial, but the judge told my attorney that the case shouldn't be brought to trial, since I need not admit to any wrong doing.

    I think that proving there was no probable cause might be difficult, but could I sue her for exaggerating the value of property on sworn statements? There is no way to prove anything was stolen from her or broken really and the amount of money each item is worth was greatly increased. Could I sue her for lying on sworn statement? I want to bring her to court and make her have to prove that anything she said has any basis in reality.

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