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I was incarserated under false accusation - all my cases

Customer Question
Hi, i was incarserated under...
Hi, i was incarserated under false accusation - all my cases were declined - i would like to file a lawsuit against guy who sent me to jail
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: in regard of lawsuit ?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.Category: Legal
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Answered in 10 minutes by:
5/10/2017
Lawyer: Maverick, Attorney replied 6 months ago
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6,425
Experience: 20 years experience as a civil trial and appellate lawyer
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Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

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Lawyer: Maverick, Attorney replied 6 months ago

Can you explain further what you mean by "all my cases were declined"? Who did you sue if not the person that sent you to jail?

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Customer reply replied 6 months ago
cases have been dropped, declined by court, guy accused me of stabbing him - charges against me have been dropped - i want to sue guy for sending me to jail under false accusation - that little story costed me $ 19 000,00 in bonds, lawyer and other expenses
Lawyer: Maverick, Attorney replied 6 months ago

Yes, you can sue this person for defamation damages. Under Florida law, the elements of a defamation claim are:

  1. the defendant published a false statement;
  2. about you;
  3. to a third party; and
  4. the falsity of the statement caused injury to you.

SEE Border Collie Rescue v. Ryan, 418 F.Supp.2d 1330, 1348 (M.D.Fla. 2006).

Also, in Florida, a statement amounts to defamation per se if it accuses a person/the plaintiff of committing a crime. A court will presume harm to your reputation under this type of defamation. You best bet here is to hire a local defamation law attorney on a contingency fee basis of 33% to 45% depending on whether the case settles or goes to trial. I would not pay by the hour.

Note: Just Answer’s site disclaimer apply to all services including premium services. This information may not be correct, complete or reflect current legal developments for your specific jurisdiction. Please do not act or fail to act based on it alone. Most follow-up questions are answered within 24 hours. Please assign a feedback rating when we are done so JA will compensate me for this answer. Thank you.

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Lawyer: Maverick, Attorney replied 6 months ago

P.S. Please remember to assign a positive feedback rating on this so that Just Answer will compensate me for this answer. Thank you.

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Maverick
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6,425
6,425 Satisfied Customers
Experience: 20 years experience as a civil trial and appellate lawyer

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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