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I was dismissed of felony assault and battery charges from

an individual who stated I...
I was dismissed of felony assault and battery charges from an individual who stated I was the one who broke his nose in a bar fight. The bar footage that showed the whole incident was viewed by the DA, in which he emailed my lawyer and said that "it was clear from the footage that the person who struck the victim was not your client," so all charges were dropped. In reviewing the police statements and footage, the "victim" made a false statement in claiming he did nothing, and that I pulled him to the ground and started to strike him. The footage shows him being aggressive toward me and my brother, and striking my brother. It does not show me striking him or being aggressive at all. What can I take him to small claims for? From what I have heard from friends, I may be able to take him for my bail fee, lawyer fees, lost wages from being in jail and going to court, defamation, having my DNA placed in the system (felony charge), emotional distress from being incarcerated, etc... I am currently a college student and have put out a lot of money defending my future.
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Answered in 6 minutes by:
7/15/2013
Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27,011
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Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

Up tp $10,000 you may sue for all your legal costs involved in you having to defend this matter.

 

The defamation would only be allowed if you can prove the statements were made with a knowledge that it was not the truth and that these untruths were told only to harm your reputation and so you could not get a job

 

Sam
Sam, Attorney at Law
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Customer reply replied 4 years ago

So I cannot sue him for false statements that led to my incarceration? The footage shows him being aggressive and fighting, which he did not state in his statement to police. He claimed he was innocent and helping a friend when I "continued to strike him".


My legal costs that I accumulated were $7500. Will false incarceration, stress and time incurred, my DNA being placed in the system, and lost wages (roughly 500), be enough to justify the $2500 to sue the person for 10,000?

Hello

 

Yes, that is the defamation end of the lawsuit. But you have to be able to prove that he was absolutely positive it was not you and yet still placed the blame on you deliberately to ruin your life and for no other reason.

And yes, I suggest you should file for the entire $10,000 - if nothing else it will also include your minimal filing costs and time for this lawsuit.

 

You can get the forms to file from the clerk of the court where you need to file - in the county where this all happened or in the county where he lives.

Small Claims is the easiest way to go for this matter - you can do it on your own without the help of a local attorney

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