can someone file charges on you just because there angry at you?

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can someone file charges on you just because there angry at you?

someone i know wants to file on me and my husband for nothing we did and i just wanted to know if they tried, then if i could file on her for lying?

Asked on June 8, 2009 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Someone can claim anything that they want.  Whether or not it will stick is the question.  If such a report is filed and the police investigate and find that the claim has no merit, any charges against you will be dropped.  Further, if the police find that the report was deliberately fabricated they than can file charges against the claimant for making a false police report.  This charge will carry certain criminal pernalties and will leave the person convicted of such an offense with a permanent criminal record.

You could then file a civil suit for defamation.  However, winning such suits are notoriously difficult. 

What you can do is get word to this person that she will be committing a criminal act if she falsely reports plus you will file a civil suit against her (whether or not you win is another matter).   Hopefully, she'll calm down and see reason. 

You could also alert the police about all of this.  However, possibly you will first want to consult with an attorney in your area.  He'll can best advise you on this matter.  

 

R.S.T., Member, NY Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

People can do anything they want.  The question is will it stick.  And what are they "charging" you with? The police can always get involved if someone files false criminal charges.  I would not take the law into your hands.  But I would go down to your police station and tell the police what is going on, if you believe that person is about to file false criminal charges against you.


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