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Question

I talked to a detective who told me the owner of the company had some motherboards and data stolen from his greenhouse. The man who provides the system told the detective that I''m the only one who could have done this crime. However there are at least 10 others who have worked with this system. The owner alos contends that the reason I did this is to get back at him for firing my girlfreind. However she put in her two weeks notice before he fired her and he gave her all her pay. So essentially he relieved her of her 2 week comittment. I told the investigator I quit the company because I am a full time student and the owner and I were not seeing eye to eye on my job duties. The owner has has several complaints for violent behavoir and I did not want to confront him about quiting. I have plenty of alibis, but know date was given as to when the crime was committed. Can I counter sue for slander and can this even go to trial

Submitted: 582 days and 6 hours ago.
Category: Criminal Law
Value: $15
Status: CLOSED
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Optional Information

Optional Information:
Mesilla Park, New Mexico

Already Tried:
Nothing just dont know what to do

Posted by rvlaw 582 days and 6 hours ago.

Answer

Hi,

You could sue for defamation and get an injunction aimed at those who are spreading lies. If you feel you qualify.....

Here is the law on defamation:

1. The slander (oral defamation) or libel (written defamation) must be false. NOTE THAT IF YOU BRING A LAWSUIT...TRUTH OF THE STATEMENTS IS A DEFENSE THAT CAN BE USED BY THE DEFENDANT. 2. The false statements must cause you PROVABLE MONETARY DAMAGES...not hurt feelings but actual monetary damages that a jury can award you money for. For instance, you must prove that as a result of statements made, you were fired from a job, or were prevented from getting a job, lost a business deal. etc.

Slander or libel suits do NOT, however, require proof of these 'special' damages if the statements are defamatory ON THEIR FACE, that is, they FALSELY allege that a person:

1. Committed a crime.

2. Has a loathesome disease.

3. Is guilty of sexual misconduct. or

4. Is incompetent in business.

You will have to hire an attorney to bring a defamation of character lawsuit as a practical matter.

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

 

582 days and 6 hours ago.

Reply

The question I'm also asking is there enough evidence to convict me. The investigator gave me no date of the crime and cant place me there via witnesses or any evidence. The only circumstantial evidence they have is the owners feeling that I might have been mad at hime but now witneses or direct statements from myself of such anger or anamosity towards the company. Yes I had the knowledge to pull of the crime, but so do others and the building when I worked there are not locked. Perhaps a current employee stole the boards to sell. The entire case is off the owners assumptions and one technical guy who happens to supply and conduct alot of business with the owner.

Posted by rvlaw 582 days and 5 hours ago.

Answer

Hi,

Deosn't sound like they have a case...not even probable cause to arrest you.

 

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

 

582 days and 5 hours ago.

Reply

Reply to rvlaw's Post: what would be needed to arrest and convict me

Accepted Answer

Impossible to say regarding what would be legally sufficient for probable cause. It's not a question of number of factors but the overall bases that a judge or DA decides rises to that level.

Conviction...if I could predict what any 12 jurors would do in a give case I would be multi billionaire.

 

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

 

Expert: rvlaw
Pos. Feedback: 100.0 %
Accepts: 
Answered: 4/19/2008

Lawyer

Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years

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