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Zoey, JD
Zoey, JD, Attorney
Category: Legal
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Experience:  Active member of the NYS bar since 1989
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i was at a dennys resturant, after eating i atempted to pay

Customer Question

i was at a denny's resturant, after eating i atempted to pay my bill with a credit card ,but the computer at this denny's was down... after waitng for a long period of time, i asked the cashier, if i could go to the atm to get cash to pay the bill... she said it was ok.. and i informed her the the female i was with will stay until i returned... when i returned, the party that i was with,who didnt order anything, was out in the parking lot arguing with the owner.. he was accusing them of trying to skip out on the bill.. he called the police and reported that i was making terroristic threats and that i told the customers , if anyone tried to leave i was going to kill them and him.. the police came handcuff me put me and another male in the car..this guy made a false 911 call. the police showed me the 911 call before he let us go..i will be filing a lawsuit.. waiting for transcript of 911 call..do i have a good lawsuit case? i couldnt believe this guy did this.... and i have a wittness.
Submitted: 5 years ago.
Category: Legal
Expert:  skelly151 replied 5 years ago.
It is malicious reporting of a false crime. You could sue him for defamation of character and abuse of legal process.   You should also try and find a lawyer that specializes in civil liberty law to file the suit.
Expert:  skelly151 replied 5 years ago.
have i answered your question?
Customer: replied 5 years ago.
Relist: I prefer a second opinion.
Expert:  Zoey, JD replied 5 years ago.
Were you arrested for the alleged terroristic threat, etc. and are you presently facing any criminal charges related to the false incident?
Customer: replied 5 years ago.
no i wasnt arrested and no im not facing any criminal charges
Expert:  Zoey, JD replied 5 years ago.
Thanks for the quick response. I needed to know because any criminal matters lodged against you with regard to this incident would directly affect any civil action you brought. Conversely, the fact that you were arrested and let go without being charged is helpful.

I am going to concur with the opinion of the previous expert. You would appear to have a civil case for false arrest/malicious prosecution, defamation of character and abuse of process. You would need a civil lawyer for this.

You could also initiate criminal charges against the owner who made the report. It is a violation of the criminal law too to provide false information on a 911 call and/or to lie to the police to press false charges. This would not cost you anything in legal fees, as the district attorney's office would be handling the matter on behalf of the state. If the DA's Office took this on, the facts that came up here, along with any plea the owner might take in order to resolve the case quickly, could benefit you in civil court. Just something to think about. . .
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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.

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