Rules of evidence

[bones774]

What is the name of your state? NY
I am charged with Harassment and Trespass both Violations in this jurisdiction. The State has no evidence other than the allegations of complainant to these charges, It is my contention that under these circumstances the State can in no way meet its burden of proof and to make a motion for dismissal. Is this correct? Can someone point me to any relevant precedents to stand on. Thanks

 

[DRN]

Not completely true.

First, it's hard to tell because you aren't at trial yet. You don't know what they will present, if anything, in addition to the alleged victim's testimony.

But, even if its just the alleged victim's testimony and your denial (be carefull about testifying yourself), it is still up to the trier of facts to determine who is more credible.

But, I would certainly make the motion to dismiss for failure to meet the burden of proof if that's all they come at you with.

But, you really need a lawyer to explain it, which I am not.

Here is one case that won't help but it shows the judge's role in determining "burden of proof."

PEOPLE v. WICKER, 357 N.Y.S.2d 597, 78 Misc.2d 811 (1974)


Good luck.

 

[bones774]

well we are at discovery and the state has absolutely nothing other than the statements of the alledged victim. It is a basic "he said, you said". Thanks