falsely accused

What is the name of your state? What is the name of your state? texas

my friend has been falsely accused by his ex girlfriend that he hit her. she bruised herself in a car accident the night before. she was angry at him for leaving her. the next day she slammed his car and when he reported it to the police, she accused him of assualting her and showed her bruises. he was arrested . all her friends are on her side. how cn we prove his innocence , and is there a chance of filing a case against her for false allegation. how can we clear his record.

It'll be up to the jury to decide who to believe. This is a typical swearing contest and a perfect case for trial.

The burden of proof is on the state to prove the defendant (your pal) guilty beyond a reasonable doubt. Defendant has nothing to prove but he should hire a decent criminal defense lawyer asap.

thanks for the advice. we bailed him out, but there will be a hearing, wont there? if he was 'found' guilty, how long do you think he will be sentenced to....especially that it is his first time ever.

Is there an accident report?
Or damage to the car she had the accident in?

If you do have a report or proof she was in an accident, can you get a doctor to prove that her bruises are consistent with a car accident?

no. there was no accident report. the car fell in a ditch and she called the guys to help her out. they towed the car out and he was left with her...it seems they argued about him coming back..he refused ..and that got her angry. hes not the type that would hit a woman , we all know that. the problem is , he doesnt want to file a case against her,cos he doesnt want to 'hurt' her feelings and get her arrested!..moreover, shes got kids, not his ofcourse...as for the doctor report, shouldnt the police thought of that before arresting him? If normal people thought of it , why didnt the police !!!

whats the difference in having a judge trial or a jury trial..and in this case, what do u advise ? also, one lawyer said if he could come in terms with her and then attend consultation classes ?
whats that? and how do u come in terms with her....is it done between him and his ex girlfrnd or should it be done infront of a lawyer?

heyal,

if there was no report filed can yal prove the accident from the night before? go to are ask questions and invite them to testify, if they say no they can indeed write a letter letting them know there was a witness and you have proof.

domestic violence is a serious problem and it sucks when its fabricated because the outcome cements the question of doubt for those who are in it.

for them to arrest them is even more strange since there were no officers to view this {at least in calif} if they dont see the actual physical confrontation they can do no more than go talk to the person to get the facts and try to keep peace.

if infact he is innocent, search the the main laws for "hearsay" arrest, get times and locations phone calls of everything that occurrec within 2 hours prior and post of his events! then as i said before go to where she had the accident and ask for true witnesses writting or if they will stand up to it at the hearing.

the more info you provide will also discredit her claim, if shown that its been a lie she looks at legal problems aside from the slander that she's already begun to spread..Publicly! and cant think of the actual term right now for using gov't /police officals for a conspiracy.... whooo and intent.

dayum if all fails...kick her ass for him.... but make sure she throws 1st swing ;~ )

[stephenk]

Sobelle, in California the police do not have to witness the confrontation. If the officers note injuries consistent with a fight of some kind and the victim is saying the other person did it, that is all that is required to make the arrest.

thnks for all your advice..
we do have another problem...
he signed for not going near her
but now shes been asking about him and shes trying to talk to him
if she comes near him , he'll be arrested
what do you advise ? shall he report it to the police ,since he didnt find a ' decent lawyer' yet.

and if she's feelling sorry about what she did, then how do we proceed ? the important thing is to clear his record.

thanks a million..

to stephenk::

I maybe i should of worded it differently.

California laws state a lot of things but there "policy" [some police officers] should be noted that at least in this area and many others the would'nt arrest on just hearsay, hopefully that has changed to some degree.

speaking from and experience being black and blue inside and out and he was free as a bird...talk to them oh sure arrest them, no they say "usually" no proof of actual event.

as far as what to do for what she has as now as advice leave it to them, lovers are known to go back and forth through all levels of relationships my advice stand by be a friend but let him make his own decission.

good luck.
sobelle

Thanks for all your advice.
I will stand back for a while.
She did agree to sign the papers for him to get some 'anger control' classes. Fingers crossed , i do hope she attends the court day and does sign the papers.
Otherwise , i will be back here for more advice.

Thanks again.