How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11436
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

MY BROTHER HAD ALLEGATIONS MADE AGAINST HIM FROM HIS STEP FAMILY

Customer Question

MY BROTHER HAD ALLEGATIONS MADE AGAINST HIM FROM HIS STEP FAMILY AND WAS CHARGED WHICH PUT HIM UNDER TREMENDOUS STRESS MY BROTHER PASSED AWAY AND IWANT TO KNOW HOW I CAN CLEAR HIS NAME AND HAVE THIS FAMILY PROSECUTED AS HE NEVER HAD A CHANCE TO DEFEND THE CHARGES WHAT IS THE WAY TO GO ABOUT THIS
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

As he passed away before the case was heard, your brother is innocent on the basis that he was never found guilty of a crime.

However, do you want to go through any more pain and suffering from this family? Unless the authorities are prepared to take a report from you and prosecute, there is little you can do about this, particularly as your brother would have been a crucial witness.

Your brother's executor could in theory raise civil proceedings for defamation of his character. Again, however, there would remain the same evidential difficulty as well as the substantial cost of the proceedings.

He was never convicted and was therefore innocent. If I were advising you, I would advocate that you leave it at that as there is no practical remedy available to you in this instance.

I hope this helps. Please leave a positive response so that I am credited for my time.
Expert:  JGM replied 4 years ago.
I'm happy to help you further, however if your question has been answered can I ask that you leave positive feedback so that I am credited for my time.