Harassment, Stalking, Misconduct Charged with summary harassment for writing a blog and review

[traveltech]

I did volunteer work for a chiropractor. Basically, my partner worked there and I stuck around because I didn't trust the chiropractor. He was charged and admitted to insurance fraud. He continued to commit fraud on the eve of going to jail. A friend stated he committed fraud on their insurance. Because of that, I decided to create a lengthy review and posted it were ever reviews belonged. He was successful in getting it removed in some places. I decided to create a blog where I controlled what was put up and taken down. He retaliated by writing three private criminal complaints. He claims in them things like: making 7+ posts of false information, reviews on yelp, Facebook, google, posting criminal and arrest history, posting news articles, defamation for making false statements regarding a patients file and encouraging the patient to file a complaint against him.
They were denied by the DA as misdemeanor charges but the chiropractor submitted the three to a local magistrate as three separate summary harassment charges. I'm going at this alone because I can't afford an attorney. I plan on sticking to the fact that it's activity protected by the first amendment and also my intent was not to harass but to warn others of his criminal potential, especially since I had word he was up to his same games. I shouldn't be worried but my anxiety gets the best of me at times. Should this be an easy case to win?? Any other things I might be missing?? Thank you so much for your input...

 

[Proserpina]

First things first. The 1st Amendment does not protect you from being sued because of something you've said, nor does it provide protection from criminal suits.

More importantly though, is the cost. A defamation suit is inherently expensive to litigate, and unfortunately what we sometimes see is a defendant who is actually in the right but is getting buried by the cost of legal fees.

A very wise man used to put it like this...

Expect it to take 3 years (if short), and $50,000 (if cheap).

But with all of that being said, you live in an incredibly debtor-friendly state and the chiropractor would have to be incredibly creative if he wanted to collect any money judgment from you.

(and vice versa)

Don't panic just yet. But don't bank on the 1st Amendment supporting your stance (it doesn't).

 

[traveltech]

First things first. The 1st Amendment does not protect you from being sued because of something you've said, nor does it provide protection from criminal suits.

More importantly though, is the cost. A defamation suit is inherently expensive to litigate, and unfortunately what we sometimes see is a defendant who is actually in the right but is getting buried by the cost of legal fees.

A very wise man used to put it like this...

Expect it to take 3 years (if short), and $50,000 (if cheap).

But with all of that being said, you live in an incredibly debtor-friendly state and the chiropractor would have to be incredibly creative if he wanted to collect any money judgment from you.

(and vice versa)

Don't panic just yet. But don't bank on the 1st Amendment supporting your stance (it doesn't).

Thank you for your input...
The reason why I thought to rely on the 1st amendment was because my blog and review were activities protected by it. And in PA, the harassment statue "shall not apply...to any constitutionally protected activity."

 

[ElleMD]

It is unclear why you, who wasn't even a patient nor a direct victim would take it upon yourself to make sure everyone was aware of his misdeeds. Do you go after every medical practitioner who does this or all business owners you feel operate unjustly? That is a great way to find yourself in legal hot water, even if the allegations are true. You do have actual proof that the allegations are true correct? It is going to be expensive to defend. Expect to have to explain hoe it is that you know for fact everything you posed is true. I'd strongly suggest legal counsel.

The constitution protects you from action by the government regarding free speech. It does not protect you from comments you make about private individuals.

 

[traveltech]

I was also a patient. i take it upon myself to report true allegations because this character does not learn his lesson. He had billed my workers comp and auto insurance for procedures he didn't do. And he did this after already going to jail for fraud. I have proof of another patient being billed for procedures not done. I have seen the Explanation of benefits and that patient also contacted the DA and State chiropractic board about the recent fraud reports. But Thank you ElleMD for your honest input. As a doctor (as I Assume), I am sure you wouldn't want someone reporting you for doing something wrong you take offense to me reporting this chiropractor. But he hasn't learned his lesson the first time and people need to be warned about his antics.

 

[ElleMD]

The MD in my case refers to my state, not my profession.

 

[army judge]

I was also a patient. i take it upon myself to report true allegations because this character does not learn his lesson. He had billed my workers comp and auto insurance for procedures he didn't do. And he did this after already going to jail for fraud. I have proof of another patient being billed for procedures not done. I have seen the Explanation of benefits and that patient also contacted the DA and State chiropractic board about the recent fraud reports. But Thank you ElleMD for your honest input. As a doctor (as I Assume), I am sure you wouldn't want someone reporting you for doing something wrong you take offense to me reporting this chiropractor. But he hasn't learned his lesson the first time and people need to be warned about his antics.

If you choose to play certain games, you shouldn't wince or moan when the ref throws a flag or displays a colored card.