Greenfield Center, NY Criminal Defense Law Firms & Lawyers

Your husband has very few options. He has a terrible criminal history one that the prosecutor will use against him, if convicted, in order to convince the judge to have him put in prison for a long time. My advice: your husband needs to have an attorney who can look at his case and advise him accordingly. Having an attorney is far better than not.

Yes, the police can tell you (although they are not obligated to tell you) charges when you are first arrested, and then you can be charged formally with other charges. In some counties (like Philadelphia), it is the District Attorney who initially chooses what charges an arrestee will face. Police are only (technically, although some exceptions can apply) required to read out the Miranda warnings if they want to interrogate you. (Of course, as you probably know that they read them or not, then you probably know them and you know NOT to say anything.) Discuss the specifics of your case with your attorney, especially if you made an incriminating statement.

Slander is defamation of character spoken by the tort feasor so you have correctly labeled it while libel is written defamation. It is a tort (civil wrong). In broad terms, it consists of telling a falsehood that harms the reputation of the other person, knowing (or not bothering to check) that the information is false. Every time the tort feasor repeats the slander, the victim has a new claim for slander. It sounds as though you have many counts of slander to assert against this person. However, beware that there is a one-year statute of limitations to sue, so delaying is not in your favor. Apparently you know of the slander because other people have called your old number and heard the lies. Each of these people should write down whatever they can remember about it date, time, what the person said, everything. This is so that you will know what evidence you have against this person, and who are the witnesses. It would be a good idea to consult with a local personal injury attorney to handle this for you, including making demand on this person to quit slandering you. Take all your evidence and listen to what the attorney advises. It's all right to get a second opinion, as well. If you have to sue, you (or your attorney) will have to serve the lawsuit on the defendant and prepare the case for trial. At trial, you will have to prove the slander and the damages. The defendant can assert defenses, including statute of limitations. Most cases settle before trial, but being prepared to go all the way is the best way to get a fair settlement. With few facts to go on, this answer cannot be considered specific legal advice, but only a statement of general principles. A visit to an attorney with all the evidence would be necessary for a full answer. No attorney-client relationship is intended or created. Good luck to you. I hope you can restore your good name.