Legal Question in Criminal Law in California

IF I can substantially prove a false police report was made against me and I suffered substantial losses ( possible) ( malicious prosecution because of the false report ) what would I be entitled to as far as restitution

Asked on 2/12/18, 1:39 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Statements and accusations made in a police report are privileged against defamation claims, at least where the statement is made in good faith even if mistaken, but might lose that privilege where it is false and made for the purpose of revenge, punishing or harassing another individual.

The burden of proving that bad faith motive is yours.

Assuming you can do so with 'credible' and 'legally admissible' evidence sufficient to prove that, then a defamation suit might be brought. and

Damages recoverable are speculative at best, and measured by provable financial and economic losses, and also by the severity of reputational losses as demonstrated to and determined by a jury.

As an example, if the person slandered falsely was a widely respected 'pillar of the community' and highly paid businessman who lost his job and family as a result of the false statements and police report, then his damages would be significant.

On the other hand, if it was someone with a prior criminal record, frequent unemployment, poor reputation in the community, then his damages would be hard to prove.

Only in the situation of false accusations of highly despicable, immoral behavior and crimes, like child molestation, would damages be significant without showing financial and reputation losses.

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Answered on 2/12/18, 2:46 pm

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