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My name is Mistie and I need to know if there is anything that…

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My name is XXXXX XXXXX...
My name is XXXXX XXXXX I need to know if there is anything that can be done about my county news paper publishing in the (JUST FOR THE RECORD) part of the paper where they put all the arests with first,middle,and last names ranging from minor traffic tickets to felony bookins....Last I was let out after being in hopkins county jail for 2 weeks for a violation of probation for not calling in to my officer to let her know i was not going to be able to attend a class I have to take every wed. so she violated me and ket me sit in for the 2 weeks to think about what was more important my following the rules or loosing my freedom... Anyway after the 2 weeks the judge re-instated my probation and I was free to go home to my family.....This was on tues of last week.... On the folowing wed. the paper came out and my full name was in the (just for the record)part that read Mistie XXXXX XXXXX had beed released from Hopkins county jail on felony charges of poss. of a controled substance!!!!!! This is a total lie and had absolutly nothing to do with why I was in jail or let go!!!!!! Please tell me there is something that can be done about this!! This is having a direct effect on all of my family and my children! I want to sue!!
Submitted: 8 years ago.Category: Employment Law
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Answered in 6 minutes by:
6/27/2010
Employment Lawyer: AlexiaEsq., Managing Attorney replied 8 years ago
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 13,637
Experience: 19+ Years of Legal Practice in the Employment law arena.
Verified
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Stephanie O. Joy, Esq. :

Hi Mistie,

This is terrible!


Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know, unless you describe it fully. Also, because you are at this site, you are asking me the question because you want the legal facts, as I see them, even if unfavorable to your situation from a legal perspective. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.


 


That being said, if you would like me to work on an answer for you, and in order to better assist you, could you please clarify for me, in numbered answers if I ask more than one question:



1. Are the original charges for which you were on probation "poss. of a controled substance"?


I look forward to getting to work on this for you. Hang in there!


 


 


Sincerely,


 


S. Joy, Legal Expert



Please note: I do not provide legal advice, only legal information; I do not legally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.



At times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I’ll be back the next day, so never fear.


 

Customer:

(1) As bad as hate to answer this question yes unfortunantly there was a time in my life that I was quite lost... I was put on a 5 year probation and it is almost over. Now married with 3 beautiful children and a fairy tale husband and life.... Till now!

Stephanie O. Joy, Esq. :

I understand! Sounds like you learned from your mistakes, so you have a lot to be very proud of, momma :)

If I were you, I'd consider a defamation suit - certainly. First, tell them that they printed false facts and that you demand that they provide a retraction, appropriately placed, so that the damages don't continue to grow, and you will be back in touch.

Now, I am going to presume that there is not a technical legal loophole that says that revocation of probation for two weeks, ergo incarceration for two weeks, for violating probation, means you went back to jail because of the original charges - however, strangely, it is somewhat true. However, even if true because there is the obviously connection - they worded this in such a manner as to put you in a false light, severely, implying that you CURRENTLY were in possession, if their wording is such. So, even if technically the 2 weeks was because of possession, (and I would argue it is NOT, it was due to a current violation of probation by missing a meeting), I would still argue that their statement told the world, falsely, that you were failed because you possessed, not because you missed the meeting - false light or per se defamation.

I wouldn't be surprised if you got the retraction AND could get a settlement. If not, I'd happily sue the pants. Consult possibly with an attorney who has done some defamation work in your jurisdiction, but if not, you can always sue yourself, even if only in small claims court.

The fact that they can lose a case indicating that they misrepresent the facts can damage them and their credibility of their paper. Bring in the paper and the author of that column.


Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. If you need more detail, please click Reply, not ReList and I will gladly respond. Also, if you exceeded the one question one answer standard, and the expert provided you with answers to your additional questions, BONUS is an appreciated way of saying thank you! This expert’s credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!






I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks



Sincerely,




S. Joy, Legal Expert


 


 


My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.


 

Customer:

When she had me placed in custody (probation officer) I was at the meeting.... I just had not called the week befor... Now that I am out of jail I went to my meeting thist past wed. and she kept me after class explaining that the reason she did that to me was because she didnt like my att. and she got the impression that I thought I was above taking the class and that I acted as if I were better than the others in that class and she was just geting my att. and trying to show me i am no better than and maybe this would humble me befor other measures were taken ... She was talking about sending me somewhere in texarkana to somekind of behavoural MI

Stephanie O. Joy, Esq. :

It is tough knocks, to be sure, but you are back on track now, probation wise, yes? And, as you state, it is almost over, then you need not cow tow to her and you can keep your distance and get on more fully with your life.

Customer:

(i know I miss spelled the last word) (LOL) ......modification place ...I think its something like shock probation.....You need to understand I come from very old $ in thin town and because i have gotten myself in this current situation they (or at least this is how myself and family feels) that what better person than me to make an example of !!!!!

Stephanie O. Joy, Esq. :

I understand. There reasonings, of course, have no bearing, unfortunately. So you must do what you must do, and you can look into the defamation case, if you have time and energy, against that paper.

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