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poncedeleon · Nov 17, 2010, 03:20 PM

My buddy was found guilty of either criminal or civil trespass. (It's complicated and I could add more details if needed - I wasn't in court so I can't say for sure). But, he was ordered to stay out of trouble for six months.

Last night he got drunk and posted on someone's wall on Facebook some remarks against the person who charged him with trespass. These remarks could be considered slander. I got him to remove them but they were up for 15 hours so I can't say who saw them.

If the person who charged him with trespass shows these remarks to the judge who 'sentenced' my friend, could he be looking at jail time now? Or am I just over-reacting here.

excon · Nov 17, 2010, 03:34 PM

Originally Posted by poncedeleon

Or am I just over-reacting here.

Hello p:

Not really. It could be worse than that. Slander is a civil offense, and wouldn't all by itself violate his probation.. However, contacting his VICTIM, probably WILL be a violation... I'm certain his probation rules say that quite clearly.

excon

Fr_Chuck · Nov 17, 2010, 06:07 PM

Merely posting it, even if not sued for slander most likely would be considered enough to violate the probation,

Hopefully nothing will come of it.

poncedeleon · Nov 17, 2010, 06:22 PM

Hi Excon,
Thanks for the answer. I never made it clear: he never contacted the victim... he just wrote about the victim on Facebook. But it's interesting that this matter falls into civil & not criminal court so we will have to see what happens.

poncedeleon · Nov 17, 2010, 06:24 PM

Yes that is my feeling as well, and a friend of mine as well. He was explicitly told to stay out of 'trouble' -- any kind of 'trouble'. Now it is a matter of time to see the outcome. Thanks for answering.

Fr_Chuck · Nov 17, 2010, 07:13 PM

What you have to remember is that it does not take another criminal act to violate a probation, for example, often you can't live or "hang out" with other people on probation, nothing criminal, just actions. For example others can not have any beer in their homes, ( again, not illegal, just against the rules)

poncedeleon · Nov 17, 2010, 07:44 PM

Hi Fr_Chuck,Another good point. I don't really have the details about what his probation entailed but I don't think what he did will be looked upon kindly by the court. I will add more it something comes from this event. Thanks again.

asking · Nov 17, 2010, 07:46 PM

And on Facebook, such a post might well be seen by the victim if there are mutual friends involved. It seems reasonable to assume she saw it.

poncedeleon · Nov 17, 2010, 09:44 PM

Hi Asking, Yes, I am fearing the worse in this situation. I am pretty sure the other party saw the posting. Thanks for your response.

excon · Nov 18, 2010, 05:26 AM

Originally Posted by poncedeleon

I never made it clear: he never contacted the victim ... he just wrote about the victim on facebook.

Originally Posted by poncedeleon

I am pretty sure the other party saw the posting.

Hello again, p:

In terms of his probation, THAT is contacting his victim..

excon

J_9 · Nov 18, 2010, 05:30 AM

Slander = the spoken word

Libel = the written word

poncedeleon · Nov 18, 2010, 06:51 AM

Hi Excon, Oh. Thank-you. I didn't realize this.

poncedeleon · Nov 18, 2010, 06:52 AM

HI J_9, Thank-you for clearing this up. It was libel then. So I have to start looking this up.