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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 27201
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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State of North Carolina County of Moore I was falsely accused

Resolved Question:

State of North Carolina
County of Moore

I was falsely accused of cyberstalking where the complaint was filed at the county Magistrate's office. The plaintiff presented no evidence other than a sworn statement. The complaint resulted in my arrest and subsequent processing through the intake center at the jail. I was released without bond.

The case was dismissed in district court 6 weeks later by the judge.

It's clear that the plaintiff lied on the complaint and that there was no basis or probable cause. There is clear, written evidence to support this position.

The plaintiff used the system to harass, embarrass, and defame me.

What is my civil and criminal recourse against the plaintiff?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.

Roger : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney.
Roger : You have a few causes of action that can be pursued in this type of situation.
Roger : Claims for abuse of process, malicious prosecution, making a false affidavit, fraud and possibly even defamation.
Customer:

Is small claims court the appropriate place provided the amount is under the max allowed?

Customer:

For the civil action......

Roger : Yes, you could file the civil action in small claims court as long as you're under the jurisdictional limit.
Customer:

Are all those you listed above civil?

Roger : Yes.
Customer:

Are there any criminal actions I could file?

Roger : The abuse of process and malicious prosecution can be civil or criminal charges.
Customer:

Would the Magistrates office be appropriate for the criminal complaints?

Customer:

The charge of cyberstalking was filled in the Magistrate's office.

Customer:

What about abuse of process?

Roger : Usually, these would be filed in District Court.
Roger : Abuse of process and malicious prosecution are both criminal charges and civil claims.
Customer:

Looks like I can cover up the original plaintiff with multiple complaints from many directions.

Customer:

Can a plaintiff move for discovery, interrogatories and depositions in small claims civil actions?

Roger : Yes, the plaintiff can request discovery, but it's not usual to have it in small claims court.
Customer:

Our county small claims is part of district court.

Customer:

Generally heard by a magistrate.

Roger : Ok. District Courts hear claims of $10,000 and less, and are usually less formal. You'd need to contact your district court clerk's office and ask what the local rules for discovery are.
Customer:

will do, thanks for your assistance Roger...

Roger : No problem. Glad to help.
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 27201
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Roger
Roger
Litigation Attorney
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BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters