What prevents a person from making new false allegations after they find out the first case was dismissed?

Get Legal Help Today

 Secured with SHA-256 Encryption

What prevents a person from making new false allegations after they find out the first case was dismissed?

The charges were made up and injuries were self inflicted. This DA found her a not credible victim. Now she is angry and threatens to try again if she can. Other than staying away from her myself, Can she be stopped from using the system as a weapon? Thank You.

Asked on August 27, 2012 under Criminal Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There are two possible checks on abuse of the system:

1) The authorities have discretion--they do not have to file charges, for example, if the complaining witness is not credible.

2) There are legal actions you can file, such as for false prosecution or abuse of process--against someone for trying to press false charges against you; in these actions, you can seek monetary compensation and/or a legal order barring this person from doing so again. If she does try to take action against you, you should consult with a personal injury attorney about your options.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption