If a person is falsely accused of a crime, there is no doubt that they can experience multiple problems. For example, false allegations against someone for committing a crime could cause them to experience damage to their reputation in their community. An individual also risks losing their employment or not being taken seriously for job applications. 

Discrimination can also impact this person unfairly, even when they were not responsible for committing the crime and were falsely accused. Because this is such an overwhelming situation that can have far-reaching implications, it leaves many people who have been falsely accused to ask the question, "Can you press charges against someone for making false accusations?"

Types of Defamation Lawsuits 

There are two primary types of false allegation lawsuits: slander and libel. Both of these lawsuits are connected to defamation claims. Bear in mind that researching both of these kinds of cases should always be followed by meeting with a knowledgeable attorney like those working at Morgan & Morgan. Can you press charges against someone for making false accusations? In order to answer this question, you need to have your lawyer review the specifics of the case and tell you more about your legal rights. 

You might have had to hire a defense attorney to represent you if you were falsely accused of a crime, but it's likely this was not the only way your life was negatively impacted. If you were charged with a crime and had to hire an experienced criminal defense attorney, even if you were successful in avoiding a conviction, the ghost of these false allegations might continue to haunt you. 

This is when it makes sense to consider filing a defamation lawsuit. If the statements were false but you suffered the consequences such as criminal charges, you need to seek legal advice on filing a libel or slander suit. 

Slander Lawsuits 

In a slander lawsuit, you are alleging oral defamation. For example, you may be eligible to open a lawsuit to sue for slander if you believe that an at-fault party falsely made allegations about you in a podcast, speech, or other oral medium. This is distinct from a libel lawsuit, in which the victim claims that an at-fault party made false claims about her or him in writing. You may be eligible to pursue a libel lawsuit if the false allegations were published in a newspaper, website, or any other written medium.

If you have already talked with your lawyer to see if you can press charges against someone for making false accusations and have learned that you may have grounds for pursuing the lawsuit, the next step is to file that case. Because of the specifics of defamation law, each case is unique, and it is important that your lawyer closely examine the intent behind the allegations of the at-fault party. It is not against the law to allege that someone committed a crime. However, if a person purposefully makes false accusations to law enforcement about another person, the person who made those accusations could be punished, such as facing criminal or civil charges or both. 

What You Need to Succeed in a Defamation Lawsuit

A defamation lawsuit calls for the experience of a knowledgeable lawyer and close attention to detail. If you intend to file a claim for false allegations or accusations of a crime, you have to submit evidence that substantiates your claim in court. This often begins by working directly with knowledgeable lawyers like those at Morgan & Morgan to determine the strongest evidence you have about false allegations.

Being falsely accused of a crime is an unwelcome experience and it is certainly the case that no one deserves to have to live through this. However, you should carefully consider the advantages and disadvantages of any defamation lawsuit before filing one. Meeting with a criminal defense attorney or knowledgeable lawyers like those working at Morgan & Morgan is strongly recommended so that you understand each aspect of your case. 

You might continue to experience the consequences of this fallout even after you have claimed your name. If a criminal charge is still pending, do not file a civil suit yet. 

If you were falsely accused of a crime that you did not commit and suffered a loss of community standing, loss of employment, or other damages, you may be able to file a defamation of character lawsuit. This lawsuit targets a person who makes written or oral deliberate communication with the intent to hurt your reputation. As mentioned above, there are two different types of civil lawsuits for false accusations of a crime, slander, and libel.

You may also be able to open a civil lawsuit depending on the circumstances of your case for targeting malicious prosecution or false imprisonment. To start a civil lawsuit associated with malicious prosecution, you have to submit evidence to hold someone accountable for initiating a criminal or civil charge affecting you, even though they knew those claims were false. 

Bringing evidence for this wrongful reason or inaccurate motive associated with a criminal charge is important for such a lawsuit and you cannot simply file a civil lawsuit based on inadequate evidence. Negligent or incompetent testimony from someone who was an expert witness, however, could serve as the basis for a civil claim. 

Generally, you need to have a successful outcome for you on any criminal charge prior to filing a civil lawsuit against those accountable for malicious prosecution. Bear in mind that there are very complex rules associated with pursuing these kinds of cases and an assistant district attorney, district attorney, and other public officials could be eligible for immunity for consequences associated with lawsuits in these cases. However, you may be able to pursue a civil claim against a private prosecuting attorney. 

Outside of civil lawsuits for false allegations and accusations of a crime, a criminal charge might also be made against a person who knowingly accused you of a crime they knew you didn't do with the intent to harm your reputation or to encourage wrongful prosecution.  

It can be very overwhelming to realize all of the ways in which your life has been affected by a false accusation. However, you need to be prepared to share your concerns and your basis for a legal claim directly with an experienced lawyer.

As mentioned above, do not reach out to contact a lawyer until any criminal lawsuit against you has been resolved in your favor. This bolsters your claim tremendously when you move forward with your next steps and helps you to achieve restoration of your reputation.

It's in your best interests to contact an attorney as soon as possible. If you previously worked with a criminal defense lawyer, you might now need the help of a civil lawyer to guide you through that process of legal cases against someone for filing a false police report or making false accusations against you. 

If you were wrongly accused, slandered, or defamed, don’t wait. Contact Morgan & Morgan today for a free, no-obligation case evaluation to learn more about your legal options.