what is legal evidence

[alilflsun]

evidence and options

What is the name of your state? florida

First, how do you have evidence that physical contact didnt actually occur if someone has a bruise and claimed they were hit?

second, how do you gather evidence of the person lying to get the injunction who is calling with blocked numbers and writing letters with no dates, so that you can get this injunction dropped?

 

[CdwJava]

First, how do you have evidence that physical contact didnt actually occur if someone has a bruise and claimed they were hit?

First, the state has to prove that the bruise was inflicted by the defendant - the defendant does not have to prove he did NOT do it.

If the bruise is in a place, of a shape, or of coloration not consistent with the story told, this can go a long way to show that the bruise was not inflicted by the defendant. But, depending on all the circumstances, just putting the bruise into question may not be entirely sufficient.

second, how do you gather evidence of the person lying to get the injunction who is calling with blocked numbers and writing letters with no dates, so that you can get this injunction dropped?

Dunno ... call the phone company and ask what they need to put a trap on your line, maybe? That will trap all the incoming numbers blocked or not, and that information can be turned over to the police.

Good luck.

- Carl

 

[alilflsun]

thank you

you dont know how much your info will help me.

this poor guy has lost his job, home, friends, reputation, bank acct etc all because of a story. since im the only one sticking around theyre all lookin at me as if were in some affair and the crime actually was done. im in shock. why is it soo easy for the world to take the easy route and walk away?!?!

she is trying to set him up again, calling asking him to hide in the dark at her house then sneak around and knock on the bedroom window so she can let him in to "talk" obviously hes not going but she said if he doesnt show then shes calling the police and sayin he was there anyway and tried to rape her.

i soo appreciate the help, at this point he feels he is fighting a losing battle and is hopeless

 

[Gracie3787]

What is the name of your state? florida

First, how do you have evidence that physical contact didnt actually occur if someone has a bruise and claimed they were hit?

second, how do you gather evidence of the person lying to get the injunction who is calling with blocked numbers and writing letters with no dates, so that you can get this injunction dropped?

As I pointed out in the threads that you deleted, the one thing that will help your friend more than anything else is that his wife is bi-polar. He HAS TO bring this up to the Judge, and have any documentation that he can of her illness. For instance- If he wrote any checks, debits, or used credit cards for her meds or her Dr.s. He can get those papers from the bank. Are any of his friends willing to testify as to her bi-polar behavior? He HAS TO get copies of ALL police reports also. MOST IMPORTANTLY- HE NEEDS AN ATTORNEY.

 

[alilflsun]

thank you gracie

he did finally get an attorney to see him but since he lost his job and she cleaned out his accts he has little money if any for a fair fight.

her therapist has the bipolar evidence and the attorney will have to get these since he was told he has no rights to it.

since she wont stop calling him he decided to talk back and mention the fact that he has a strong case for civil court to gain his possessions or atleast reimbursment for these items, since then she must of relayed the message to the people who took or was given his stuff because all of his used to be friends are running back to him apologizing and offering his stuff back. which is a plus. also his one friend that has remained by his side wrote statements notoroized of her giving him notes and calling. and she called back saying she wants to possibly drop this.

the new question is this.... HOW CAN HE TURN THIS AROUND IN HIS FAVOR?? he needs a restraining order in his favor and a way to gain back his life!! what is the best way to do this before she strikes again on another bipolar spree??

THANK YOU FOR ALL THE HELP IN THIS MATTER, YOU DONT KNOW HOW MUCH ITS APPRECIATED!!!

 

[alilflsun]

new twists and turns PLEASE HELPPPP

ok as of today she says she will drop the charges if he gets back with her, attorneys say even if she drops it the state may and can pick them back up. since the start of this many people have approached him to say she asked them to punch her in the eye so it actually resembled an assault. his only hope is to pretend to make things work and hope the state drops it as well so he can turn this around and get an injunction against her then file for divorce.

problem is.. his attorneys say its 2000.00 to plead guilty and have a record or atleast 10,000.00 to fight and may still lose even with her lack of evidence and his new evidence that turns up everyday. no legal aid or pro bono will take a criminal case.

are public defenders just as eager to help clear a name as an attorney that is being paid?

and what are the best options to fight his way out of this?

 

[alilflsun]

laws against people who lie??

isnt there any laws to charge her with anything since she lied about all this and has no proof? if theres no real proof he hit her except a bruise she got herself while slamming into a door he was holding closed then why should he go to jail for her false claim instead of her for falsely claiming it??

 

[CdwJava]

isnt there any laws to charge her with anything since she lied about all this and has no proof? if theres no real proof he hit her except a bruise she got herself while slamming into a door he was holding closed then why should he go to jail for her false claim instead of her for falsely claiming it??

Not being able to prove that HE caused the bruising is not the same as proving she lied. It is nearly impossible to prove that a person knowingly and intentionally lied about something. There are crimes for falsifying police reports, lying under oath, etc. But, the level of proof to make a criminal case in these matters is very difficult.

If he thinks he has a case to make against the woman, then he should sue her - the burden of proof is lower in a civil suit.

I can't PROVE that I was sitting at my desk at 10 PM last night. The fact that I can't prove it does not mean that it was a lie.

- Carl

 

[alilflsun]

Good Point So Now What?

Ok so we cant prove she lied.. so how do we prove it didnt actually happen so hes not charged? since she has a bruise which was caused from the door and not him, do they still go with the innocent until proven guilty or does the bruise out weigh that old saying and he has to fight not to go to jail?

 

[CdwJava]

Ok so we cant prove she lied.. so how do we prove it didnt actually happen so hes not charged? since she has a bruise which was caused from the door and not him, do they still go with the innocent until proven guilty or does the bruise out weigh that old saying and he has to fight not to go to jail?

The state has to prove the case beyond a reasonable doubt. If some evidence or alternative explanation can be presented by the defense as to how the bruise got there, then this might be sufficient for reasonable doubt.

The problem will be demonstrating that the victim had the capacity to do this to herself ... motive, opportunity, means. When was the bruise visible? Was it purple immediately after the incident? If so, then it did not just occur. Was it observed or mentioned to anyone immediately after the incident? Was it mentioned after she supposedly did it to herself? And on and an ...

There are a number of ways to cast reasonable doubt. But, it will take an attorney to do it. And if there was an argument and yelling, screaming, some pushing and shoving, and maybe even prior DV incidents to point to, then "reasonable doubt" may be harder to show.

- Carl

 

[alilflsun]

appearance of the bruise...

well she went to his house and started breaking windows to get into his house and/or wake him up.. he opened the door to tell her to go home and as he was closing it she slammed against it to get in.. that is how the bruise appeared and there is even a slight dent in the outside of the door where her cheek bone hit..
once inside and they argued she then threatened to tell the police he did it, he handed her his phone and said fine call them cause they will see youre crazy.. once the cops got there she made up a story of how he gave her the bruise while fighting in the kitchen and she hit the floor causeing a chipped tooth which shes had for years.
shes calling him all day saying she loves him and has signed a waiver to drop charges but wont tell the truth cause she doesnt want to go to jail for lying.
so now the state is thinking of pickin up the charge.
this is where we stand and he was in the hospital all night throwing up blood with an ulcer due to all this, worrying that hes going to jail over a lie.. please help

 

[CdwJava]

He needs an attorney to put the defense together into something that might work. The cops had probable cause to make an arrest and they did so. On the evidence you outlined there is also enough to go to trial. If she refuses to recant then the case is even harder, but could be winnable.

He needs an attorney.

- Carl

 

[alilflsun]

attorney issue..

well hes seen two attorneys...

which is hard for him since while he was in jail she emptied his bank accts since her name was still on them and he cancelled his credit cards since her and her friends stole his wallet and he lost his job thanks to all this.. so he has no money...

both attorneys said it would be costly to sup everyone he needs to court and he doesnt have the money to fight so they said either plead guilty or borrow thousands somewhere but even then they said he still has a chance at losing due to the fact she has a bruise

hes seriously thinking of pleading guilty just cause hes feeling hopeless and he doesnt have the money to fight

i told him to talk to a public defender but seems noone has faith in their time or effort..

any futher ideas on how to win this?

 

[CdwJava]

No further ideas ... but, I do have a question: Who are you in relation to him? Since you were not a witness to the events in question, how do you KNOW that they did not occur?

I can assume that your version of events (including the emptying of the accounts, etc.) come from him. I can also guarantee that abusers (and sometimes, victims) can be manipulators. It is entirely possible that he is guilty - or at least partially so - and he is delivering you a bill of goods.

Obviously, I don't know for sure. He COULD be a completely innocent victim. But, experience tells me that this is not likely. Possible, but not probable.

Without an attorney who can make a case (and a public defender IS an experienced criminal defense attorney), then he is pretty much done.

- Carl

 

[alilflsun]

who i am..

i always hate to answer this based on i know how the world thinks.. so ill tell my half...

i work for a phone co and he is my customer.. we do talk and became friends since we first met... i was at a mcdonalds and he pulled up recognized my vehicle said hello.. and two seconds later she pulled up jumping out of her car yelling who the f*** are you, that is what blew up an already lighted fire.. she thinks we have a "thing" and when you say you dont no one believes you and say the saying about a scourned woman...

that night is when all this happened, i bailed him out since everyone else turned their back on him believing he hit her and i felt its the least i could do since i felt part is my fault..

the reason i believe him is because that night this happened, she found my cell number in his cell and called me.. she instantly started yelling at me asking whats going on between me and her soon to be ex... after about a half hour of her not getting the answers she was pushing for she said she was going to put him in jail so i couldnt talk to him anymore and was going to tell the police he hit her...

i called the police immediately and told them to check on them cause i didnt want her hurting herself further or him in jail innocently, they said if he has a cell he can call the police himself and blew me off, i said no he didnt have it cause she was the last with it and please just check on them..

ten minutes later i got a call from an arresting officer telling me to bail him out in the morning..

i called the first officer back and told him what was going on and he answered.. well he had plenty of chances to get away from her since she seems to be the violent one and he passed so now he has to take his medicine.. wth???