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When Can I Sue for False Allegations of a Crime?

Posted on November 10, 2021 in

An individual can be falsely accused of a crime and experience several problems. In this instance, false allegations can cause an individual to suffer reputational damage within their community. Also, an individual risks loss of employment due to false allegations. An individual can even experience discrimination as a result of false allegations, too. 

Those who face false allegations of a crime can file a lawsuit. By seeking out help from an experienced Houston criminal defense attorney, an individual can determine if now is a good time to sue for false allegations.

What Type of Lawsuit Can You File Due to False Allegations of a Crime?

There are two types of false allegations lawsuits: libel and slander. Both types of lawsuits are related to defamation claims. In either type of lawsuit, an individual can claim an at-fault party made false allegations that damage their integrity, character, or reputation. By doing so, this individual may be able to recover damages from the at-fault party. 

With a libel lawsuit, an individual claims an at-fault party made false allegations about him or her in writing. He or she can file the lawsuit if false allegations were published on a website, in a newspaper, or any other written medium. 

In a slander lawsuit, an individual cites oral defamation. This individual can sue for slander if he or she believes an at-fault party made false allegations about him or her in a speech, on a podcast, or any other oral medium.

What Happens If You Sue Someone for Defamation?

Every defamation case is different. Regardless, all defamation cases require a close examination of the intent behind the at-fault party’s allegations.

It is not illegal to allege someone committed a crime. However, if an individual knowingly makes false allegations to the police about someone else, he or she may be punished accordingly. At this point, an individual can face civil or criminal charges. 

A defamation lawsuit requires careful planning and attention to detail. If an individual intends to file a suit for false allegations of a crime, he or she must be able to prove their claim in court. That way, this individual is well-equipped to achieve the best results during their legal proceedings. 

What Should You Do If You Are Falsely Accused of a Crime?

Weigh the pros and cons of a defamation lawsuit before filing one. Meet with a criminal defense attorney to receive legal support. This attorney can offer tips and guidance to help an individual determine whether to move forward with a defamation lawsuit. 

A criminal defense attorney reviews each legal case that comes their way. This lawyer works with their client to understand the false allegations. He or she then crafts a plan to help their client combat any false allegations. 

Should You Sue for False Allegations of a Crime?

False allegations of a crime are unlikely to disappear on their own. Fortunately, legal help is available to those who have been falsely accused of a crime. 

Do not wait to seek out legal help due to false allegations of a crime. Partner with a Houston criminal defense attorney to explore legal options. 

During the COVID-19 crisis, Law Office of David A. Breston is fully operational and we can help you by phone, video or in-person when needed! Call us at (713) 224-4040.