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Is the filing of a criminal complaint defamation if the

prosecutor decides not to press...
Is the filing of a criminal complaint defamation if the prosecutor decides not to press charges against the person who was named in the criminal complaint? Also considering that the criminal complaint was not made public by the party who filed the criminal complaint.
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Answered in 8 minutes by:
5/16/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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No, the reporting of a criminal offense is not defamation of character. It could be malicious prosecution if it the complainant knew it was was a false or baseless report and resulted in a dismissal of the charges. But there are many reasons that a prosecutor won't take on a case, most of them not having anything to do with actual innocence.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,805
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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