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If i need to press charges against someone for

If i need to...

If i need to press charges against someone for defamation,but they live in north carolina, how do i go about that? now in north carolina such statements can be seen as malice and negligence. this much i have researched.

Lawyer's Assistant: What were you charged with exactly? Do you have any upcoming court dates?

I was not charged....i need to press charges for defamation.

Lawyer's Assistant: Have you talked to a NC lawyer about this yet?

Please read the things i type....

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Again read my very first statement. the person who needs to be charged lives in north carolina and i live in mississippi

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Answered in 2 minutes by:
3/19/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,053
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 1 month ago
Ok

In most states defamation is a civil cause of action and not a criminal matter. You cannot get charges pressed against this person in North Carolina since it's not a criminal act. What you can do is sue her there. That's why when you research it, you only find the elements of an intentional tort and not a crime.

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Customer reply replied 1 month ago
I would need to press charges here in Mississippi?

Actually, I found something in the NC penal code.

https://law.justia.com/codes/north-carolina/2005/chapter_14/article_12.html

This is their criminal defamation statute. So if this is what this person did, you can report him to the NC police and have him charged under this statute.

Otherwise, no. You cannot get criminal charges pressed in Mississippi because it's the place where the crime was committed that has jurisdiction over the act. If he did what he did in North CArolina, that's where he'd have to be prosecuted.

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Customer reply replied 1 month ago
ok that is what i am trying to clarify. it is a large post placed on fb that is false and i have multiple proofs of evidence, so i need to charge them thru north carolina seeing as this is were the person lives and the post were made.

Yes. Depending on what he says, this might also make out cyberstalking.

In any case, you'd report what he's been doing to the North Carolina police in his county and let them know that you want charges pressed.

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Customer reply replied 1 month ago
ok. thank you.

You're welcome and good luck.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey, JD
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Experience: Active member of the NYS bar since 1989
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