Aside from the oral or written character of the statements, the elements of a libel or slander case are the same. The plaintiff must show that:. In defamation cases, truth of the allegedly defamatory statement is always an absolute defense. Person A writes an article in the newspaper claiming that Person B has robbed numerous banks. Person B loses his job. The article is false. Person B may sue Person A for libel. The article is true. Person A has an absolute defense in the event Person B sues for libel.
Also, if your reputation is already damaged by your own previous actions, for example, if you have a public history of crime, and someone accuses you of a crime you did not commit, you cannot argue that you were defamed because your character was already compromised. Yes, but the standard of proof for you is higher. Malice is defined as actual knowledge that the statement is false or reckless disregard as to whether the statement was false.
Public figures include celebrities, politicians, and other people who are publicly prominent, such that discussion of them is of public interest. In fact, purposefully lying on a police report is a crime and carries a consequence of prison time.
If this false accusation leads to a courtroom trial, the penalty is severe. A person who purposefully made false accusations to the police may also be required to pay restitution to the police department for wasting resources and time.
This will also need to be proven in court. An experienced attorney can defend your rights if you were falsely accused of a crime. Remember, by law, you are innocent until proven guilty. Ritchie, PLLC, we provide aggressive representation in the face of false allegations. We will help you create a strategy to prove your innocence and refute the false allegation.
Your reputation and standing in the community should not be tainted by false allegations. We will fight to protect you. He listened to my story and said he could help. Long story short and three years later, all charges were dropped, and my arrest record was ordered expunged. During that three years and several court appearances, Neal was ready and prepared each time for the trial. The state delayed the trial many times to gain an upper hand as did Neal when the situation was one sided for the state.
Each time you are charged with a crime, it is a gamble on the outcome. But like a gambler, you got to know when to hold them, know whem to fold them. Neal plays cards very well. He will use all that he knows and has learned over his many years as an attorney to help you resolve your concerns. Get Your Free Copy Now. Read All Reviews. While based in Houston, our law firm provides knowledgeable representation and comprehensive legal services for individuals throughout Texas, including:. A principle of the American criminal justice system is that all defendants are "innocent until proven guilty.
For over 20 years, Neal Davis has successfully defended clients in Texas and federal courts in all types of criminal matters at all phases, from state misdemeanors to complex federal matters. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial. The Neal Davis Law Firm defends the rights of individuals charged with all types of state crimes, including drug offenses , child sex crimes , online solicitation of a minor , child pornography , DWI and intoxication manslaughter, fraud and theft , assault and family violence , and murder and homicide, as well as all types of federal crimes.
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