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Burden of proof for whom?

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noahgrey

Junior Member
Ex-wife Drama has me totally freaking out!!!

What is the name of your state? NC

One saturday, I walk to my mailbox, and inside I find a letter from the local police department addressed to me. I open it up to find it's a warrant for arrest for harassing phone calls. The person charging me is my husbands ex-wife and her new husband. I'm floored. I know she hates me, but this is the icing on the cake. My husband calls her, and she claims that I've been harassing her husband with phone calls to his cell phone and I'm trying to break up her new relationship. Anyway, she claims that I've blocked my number while calling her husband and that all blocked numbers (even to cell phones) can be traced and they have evidence that these numbers came from my house. I go downtown and I get arrested which was highly embarassing, I look at the offense date on my warrant and it says I made these calls August 5. They filed the charges on October 28. If I was really "Harassing" them, I'm sure they would have filed these charges earlier. The phone number they put down on the warrant was that of my husbands cell phone. Not even my home number. Anyway, when I asked the magistrate if they had any evidence, he stated that they came down, swore on the bible and that lead to the "probable cause" for me to be arrested for making these harassing phone calls. My husband spoke to his ex-wife again after my arrest, and she then stated that her whole reason for doing this was to keep their daughter from being able to come around me. She would first charge me with harassment, then stalking, then get a restraining order against me. She also said that she wanted to publicly humiliate me like I publicly humiliated her (when her husband left her for me 4 years ago). She also stated that she has been keeping in contact with a detective about this whole situation, and one day we get a phone call from a "Detective" but it was from a blocked phone number. Do detectives call from blocked numbers? Anyway, I got a lawyer, pulled the phone records of my husbands cell phone and home phone and no phone calls were made to her or her husband on the offense date that they showed on the warrant. I still have to go to trial which I feel is dumb, but she is stating that they have proof and evidence that I made these calls. I have never made phone calls to her or her husband, and even if they did have records of calls being made to them from us, they do have a daughter together, so I'm sure our phone number is splashed all over their phone bill. What do you think will happen in court to me? Can she really get away with charging me with harassment? Is there anyway to really trace calls made to a cell phone? We do have a blocked number, and my husband frequently calls his daughter from our house phone and his cell phone. I'm really freaked out about this whole situation. I've never been in any trouble in my life. I've never even gotten a speeding ticket. I worry that a judge won't believe me.
 
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S

seniorjudge

Guest
noahgrey said:
...What do you think will happen in court to me?
If the government can prove beyond a reasonable doubt that you did what it is charging you with, you will be found guilty.

If the government cannot prove beyond a reasonable doubt that you did what it is charging you with, you will be found not guilty.
 

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