Can I sue the state of Utah for defamation of character or slander?
Basically I was the victim of police corruption 9 years ago my lawyer told me to take the plea bargain and get 3rd degree felony which he told me would be reduced to a class a misdemeanor. Well 9 years later I apply for a job I want and the background check from Utah says felony and I really hurt someone physically which is not true at all no physical assault ever happened! I believe I was done the way I was because I am non Mormon. Can I sue Utah for slander or defamation
- David SLv 78 months agoFavorite Answer
No, because slander and defamation require malicious intent.
- AthenaLv 78 months ago
In Utah or in another state?
- babyboomer1001Lv 78 months ago
It is not defamation and not slander. Criminal and civil records are of public record. Well, it wasn't reduced to a misdemeanor. You were convicted of a felony. That has nothing to do with the police and don't be accusing them of corruption. This was long out of their hands at that point. All they did was arrest you. Their involvement stopped there. The prosecutor took over from there and your lawyer represented you. Your issue is with your lawyer, nobody else. Nine years later - it's a bit late to complain, don't you think? Didn't you sign something nine years ago? I don't know how you were told that it would be reduced to a misdemeanor if you took the plea bargain. If it was their mistake, you probably can't do anything about it now. Too bad you didn't notice nine years ago and tell your lawyer about the mistake. He would have corrected it for you. At this point, you can contact him but, he will probably want to be paid for any more work he does for you, if he can do anything.Source(s): Certified Paralegal, with 25+ years' experience.
- ArimatthewdaviesLv 78 months ago
If you have it in writing according to your plea negotiation that if you accepted a guilty plea that you would be adjudicated misdemeanor then you have grounds for a lawsuit if you don't have it in writing you don't have Jack
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- rickyLv 78 months ago
You can sue a ham sandwich. Trick is winning.
- Anonymous8 months ago
Yes, you can sue. But for what? You entered a plea to a felony. Your Police record shows you were arrested for a felony. Should the disposition show? Yes. Can you explain to any potential employer? Yes. I hire people. WHY they were arrested is more important to me than the final "plea to avoid jail."
I'm Mormon. I don't really care why you were arrested. You think the entire State is anti non-Mormon? If so, this arrest isn't your only issue.
- `Lv 78 months ago
You want to sue the state of Utah? Good luck with that.
- BruceLv 78 months ago
Yes, I suppose you could sue. But you won't win. What happened to you is neither slander or defamation.