Legal Question in Criminal Law in California

I was arrested for prostitution,identity theft. During a search of my property the police officer found some names and personal info written down about persons other then myself. No credit card info, social security numbers, or any thing other then First, last name, address and DOB was found. The following day the officer starting calling those who's name he found and asking them if they had given permission for someone to obtain their info. The officer also disclosed I was arrested for prostitution. I know he can inquire about the info I had but can he really disclose charges not relating to the assumed "identity theft", charge? I feel as if he is slandering my character by disclosing personal info about my arrest.

Asked on 5/18/13, 2:37 pm

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

As long as the information is true it is not slander. Unless the state can show that you planned on using the information for an illegal purpose they cannot convict you of identity theft. By your zip code it looks like you live in San Jose.I do a lot of cases in San Jose. If you are interested in representation in the criminal case, give me a call. (415-336-7534)

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Answered on 5/19/13, 12:01 am

Edward Hoffman Law Offices of Edward A. Hoffman

One of the requirements for slander is that the statement has to be false. The statement that you had been arrested for prostitution is true, so it isn't slander.

The officer's statements also don't violate your right to privacy because your arrest and the reasons for it are not confidential information.

Your focus has to be on defending yourself against these charges rather than attacking the officer who arrested you. It's possible that you have a very strong case. You might also have very weak case. You should immediately seek out competent defense counsel to assess your chances and map out a strategy. In the meantime, stop discussing your case with anyone else.

Good luck.

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Answered on 5/19/13, 12:11 pm

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