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What is the course of action when a person files a false…

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What is the course...

What is the course of action when a person files a false police report regarding harassment and stalking and the victim files a complaint/police report regarding the false police report and the police department runs an investigation via video surveillance and proves it's a false report of harassment and stalking?

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

No charges have been filed

Lawyer's Assistant: In what state did this occur?

Montana

Submitted: 3 months ago.Category: Criminal Law
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Answered in 1 minute by:
4/3/2018
Criminal Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Criminal Law
Satisfied Customers: 13,468
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 3 months ago
What is the course of action when a person files a false police report regarding harassment and stalking and the victim files a complaint/police report regarding the false police report and the police department runs an investigation via video surveillance and proves it's a false report ofharassment and stalking?
Criminal Lawyer: Legal Eagle, Lawyer replied 3 months ago

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Criminal Lawyer: Legal Eagle, Lawyer replied 3 months ago

I'm so very sorry for the delay. My system locked me out momentarily. I apologize tremendously. I just regained access so I'll have a chance to answer your question now...

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Criminal Lawyer: Legal Eagle, Lawyer replied 3 months ago

Ok, so this appears to be filing a false police report which is a crime. If it was determined that you did not engage in the actions that actually occurred and the person who filed the complaint/police report did so without any reason to actually believe you committed a crime, you could refer this action to the police or directly to your county district attorney.

You may also have a civil cause of action for intentional infliction of emotional distress.

Intentional Infliction of Emotional Distress Occurs means that if someone is intentionally causing severe emotional distress in another, then you may be able to recover for any physical damage that occurred because of the distress or simply for the distress alone. A way to measure it is to look at things like therapist bills, lost wages, medications, and just the general pain and suffering from the IIED.. A prima facie case requires: (1) outrageous conduct by the defendant, (2) intention to cause or reckless disregard of the probability of causing emotional distress, (3) severe emotional suffering and (4) actual and proximate causation of the emotional distress. You may want to consider just writing a formal demand letter advising that you may have a case as a result of their actions. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

Because I value your input, I would like to know what other questions did you have for me today that I can help you out with:-)?

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