Legal Question in Criminal Law in Michigan

defamation

in april i was arrested for manufacturing, distributing marijuana and posession less than 1000ft from a school or library. It was an illegal search and a trumped up charge and i will most likely be found not guilty. My question is....will i be able to sue for defamation if found not guilty? I've been trying to find a job lately (nothing big just a McJob). I've applied to 12 different jobs and I've got no call backs. I believe its because my name is in the local newspaper in the court report or maybe on my background check it says i'm accused of these crimes. Either way shouldn't the state be responsible for hurting my name. I have no priors no arrests never been in trouble.


Asked on 9/24/08, 4:59 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: defamation

The state officials who investigated and prosecuted you are probably immune from being sued due to governmental immunity. To get through the shield of immunity, you'd probably have to be able to prove that the official(s) engaged in "malicious prosecution" (essentially knowing that they has bogus evidence and prosecuting you out of spite). It's not enough to just claim "I was charged and the charges were dismissed, or I was found not guilty, etc."

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Answered on 9/24/08, 5:19 pm


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