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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24007
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My husbands mother pressed false charges against me for trespassing.This

Customer Question

My husband's mother pressed false charges against me for trespassing.This was before we remarried.I went to my then, ex-husbands house with his permission to let my daughter pick up some of her belongings. I even had her permission with a witness and she still pressed charges.The land was in her dead sons name, no will was left when he died and there were 6 heirs. Was that legal for her to do?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
Deliberately pressing false charges is a criminal offense. It is also something for which she could possibly be liable civilly. Depending on how long ago this took place and what happened with the criminal trespass case she filed against you, you may be able to have her prosecuted or sue her for damages.

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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.


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Customer: replied 7 years ago.
This happened a year and a half ago. I was arrested, put in jail and released without bail. She dropped the charges. I am concerned with my record, and my reputation, as i have never been in any kind of trouble, not at school, work, anywhere with the exception of speeding.The prosecuting attorney drew up the deed where it was eventually put in her name and KNOWS it was not hers. My husband had a 2 story log house he was building 4 me on this land and he just waked away from it and signed it over to her. He said if she wanted it that bad she could have it.What can i do to clear my record and reputation?
Expert:  Zoey_ JD replied 7 years ago.
Customer

It appears that in the state of Mississippi, if you have been arrested on a case where the complainant then went on to drop all charges, you would be eligible for an expungement that would get this arrest and dismissal off of your record. (see link) You would have to petition the court that had jurisdiction over the case. But given that the case resulted in a dismissal I can't think of any reason why the court would not grant this in your favor. I am unable to find a sample form for your state. The clerk of the court may have something that will offer you assistance. Failing that, here's a sample from Virginia, which you could use to model your petition on. Alternatively, if you don't want to do this yourself, there are lawyers who specialize in expungements and pardons.

In terms of clearing your reputation, as it's been a year and a half, you are outside of the Mississippi statute of limitations for bringing a personal injury claim for false arrest and malicious prosecution and for defamation of character (1 year). So you would be time barred from going forward with a civil suit. On the other hand, you would still be able to have her prosecuted criminally, as that statute of limitations is 2 years. You would have to go to the police and fill out a report or go directly to the prosecutor and swear out a complaint against her there. If the prosecutor chooses to take your matter on, she will be arrested and charged, and then you will be expected to cooperate with the state to help convict her. I don't know that after 1 1 /2 years you want to stir all of this up again that way. But it's the only legal remedy left to you at this time.

._____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.