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      04-17-2008, 11:07 PM   #1
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Innocent until proven guilty? How true is it?

Heres a question for those that are in Law.

I'm in a legal matter with some chick thats accusing me of BS.... Theres no proof to what shes accusing me of. No evidence No witnesses nothing!

Even though I have one of the best attorneys in LA. Things dont seem that well because its my word verse some chicks....


Anyhow my question is, in law or in trials.... Is it my job to prove myself innocent or is it the prosecutors job to prove what this chick is saying is true?

My attorney said "innocent until proven guilty" is just BS.... How can some slut get away with such bs? Isnt this rediculous?

I thought it was a "mans" world... but in my case women run this shit.


Sorry just venting...


Word of advice for the guys.... Dont be anywhere near females you dont know ALONE.
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      04-17-2008, 11:12 PM   #2
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TYPICALLY a judge would not bind you over for trial unless he saw some merit in the preliminary evidence. Her word, with the tiniest bit of potential evidence, is enough to move forward.

I'm not a lawyer, my dad is. I've spent 40+ years listening to the inner workings of the courts, so your milage may vary
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      04-17-2008, 11:29 PM   #3
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Quote:
Originally Posted by UncleWede View Post
TYPICALLY a judge would not bind you over for trial unless he saw some merit in the preliminary evidence. Her word, with the tiniest bit of potential evidence, is enough to move forward.

I'm not a lawyer, my dad is. I've spent 40+ years listening to the inner workings of the courts, so your milage may vary

This chicks brother is a cop...

My lawyer said the judge and the prosecutor have no objections to change the "charges" but the prosecutors supervisor is holding things back.
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      04-17-2008, 11:46 PM   #4
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Innocent until proven guilty still holds in this country. You can not be sentenced until you are proven guilty. That's what that part of the constitution was meant to do. That makes mayors court a crock of shit, but that's another thread.

You also have to differentiate between civil and criminal. Which court is this in? If its criminal, things are a little more black and white (as much as they can be in regard to law), you must be proven guilty beyond a reasonable doubt. In civil, that does not apply. Look no further than OJ.

In terms of how the courts work, if you've been bound over for trial, it sounds like a criminal case? That just means there is some type of evidence. Your attorney has the opportunity at trial to discredit the evidence, or the witness. You do not have to prove your innocence, although an alibi is always helpful. As the defendant, you only have to disprove the credibility of the plaintiff and their case.

If it's a civil case, then reasonable doubt is out the window. It's all about what a judge thinks is likely. Reasonable doubt is not applied.
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Last edited by TurboFan; 04-18-2008 at 09:50 AM..
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      04-18-2008, 12:10 AM   #5
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Quote:
Originally Posted by TurboFan View Post
Innocent until proven guilty still holds in this country. You can not be sentenced until you are proven guilty. That's what that part of the constitution was meant to do. That makes mayors court a crock of shit, but that's another thread.

You also have to differentiate between civil and criminal. Which court is this in? If its criminal, things are a little more black and white (as much as they can be in regard to law), you must be proven innocent beyond a reasonable doubt. In civil, that does not apply. Look no further than OJ.

In terms of how the courts work, if you've been bound over for trial, it sounds like a criminal case? That just means there is some type of evidence. Your attorney has the opportunity at trial to discredit the evidence, or the witness. You do not have to prove your innocence, although an alibi is always helpful. As the defendant, you only have to disprove the credibility of the plaintiff and their case.

If it's a civil case, then reasonable doubt is out the window. It's all about what a judge thinks is likely. Reasonable doubt is not applied.

Yes its a criminal case...

Pretty much shes saying I did things to her. When theres no evidence what so ever. Her roomate (my gf) is still with me after all this drama. My gf knows I'm not the type of guy to do such things to a stranger.... let alone my gf's roommate.

I did not run away from the scene (apartment) nor did I go running to my gf and attempt to make up a story to what happened etc.


:story:

I went to my gf's apartment and was there a few hours early before she got off work. (she lives an hour away...under estimated LA traffic)
Instead of just wondering around the city I went to my gf's apartment and her roommate (the accuser) was home alone. I hung out there for 2 hours (watched tv, talked to the roommate and slept). When I woke up I went to my gf's work to pick her up and I waited outside for her to get off...

While i waited there a 3rd roommate came yelling saying they called the cops etc... I drove around and came back to the apartment trying to figure out what was going on and settle whatever issue there was. And i was cuffed. No questions asked, other than if I had a gun or a bomb (happened on sept 11th)


TurboFan, so you're saying I must prove my innocence since its a criminal case?

When does the term, innocent until proven guilty. I know for a fact there is NOTHING she can prove. Nor do I know what her purpose for all this... possibly for money in a civil suit to come???
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      04-18-2008, 12:22 AM   #6
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She probably wants attention ask to get a polygraph involved.
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      04-18-2008, 12:22 AM   #7
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ohh dude... bitches like that need to have their nipples ripped off. and then some.... lol
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      04-18-2008, 03:49 AM   #8
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it is because of oj that domestic disputes are treated differently. Now you go to jail and they ask questions later...
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      04-18-2008, 08:36 AM   #9
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Sounds like this chick is a psycho. Maybe is hoping for a settlement just to get some cash out of it? Who knows.

But I'm sure if this makes any sort of trial stage and your attorney is the bad ass you make him out to be I'm sure he'll rail her on the stand and her story will fall apart. Kinda sucks you get drug through this as well.

Whats your gf saying?? Is she still living with this chick? I'd hope not.
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      04-18-2008, 08:57 AM   #10
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As someone mentioned, crim is a bit more black & white comp. to civil. But, that doesn't mean it's not horribly flawed...a lot of shit goes on behind ppl's backs. Regardless, if your side is solid and you have a good attorney, the attorney should be able to get things sorted in your favor. Sucks that you have to go through the time and $ hassles though.
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      04-18-2008, 09:46 AM   #11
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Quote:
Originally Posted by Kiwirobbie View Post
Maybe he did do what the chick said and it's him that's after the sympathy vote from people here, did you think about that, some psycho's like protesting their innocence in any forum they can find. You don't find many rapists or murderers who say they did it do you.

That said if he didn't do anything to her good luck and I hope you don't get prosecuted, being shagged up the butt by Bubba and John Boy wouldn't be my idea of fun.
I just didn't feel like being the bad guy and bringing up that he might have done something. But I'll give the brother the benefit of doubt or "innocence until proven guilty".
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      04-18-2008, 09:52 AM   #12
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Quote:
Originally Posted by SfValley335i View Post
Yes its a criminal case...

Pretty much shes saying I did things to her. When theres no evidence what so ever. Her roomate (my gf) is still with me after all this drama. My gf knows I'm not the type of guy to do such things to a stranger.... let alone my gf's roommate.

I did not run away from the scene (apartment) nor did I go running to my gf and attempt to make up a story to what happened etc.


:story:

I went to my gf's apartment and was there a few hours early before she got off work. (she lives an hour away...under estimated LA traffic)
Instead of just wondering around the city I went to my gf's apartment and her roommate (the accuser) was home alone. I hung out there for 2 hours (watched tv, talked to the roommate and slept). When I woke up I went to my gf's work to pick her up and I waited outside for her to get off...

While i waited there a 3rd roommate came yelling saying they called the cops etc... I drove around and came back to the apartment trying to figure out what was going on and settle whatever issue there was. And i was cuffed. No questions asked, other than if I had a gun or a bomb (happened on sept 11th)


TurboFan, so you're saying I must prove my innocence since its a criminal case?

When does the term, innocent until proven guilty. I know for a fact there is NOTHING she can prove. Nor do I know what her purpose for all this... possibly for money in a civil suit to come???

Sorry, massive late-night typo in my post. You must be proven GUILTY beyond a reasonable doubt. I fixed my post, it did say innocent. I'm sorry about that!!!!!

If you are innocent, and the case is thrown out or you are found innocent, you can sue in civil proceedings for slander and you can try to recover your attorney fees. But that will drag on for years.
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      04-18-2008, 09:52 AM   #13
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Polygraph is inadmissable in court, in the US.
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      04-18-2008, 10:52 AM   #14
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Quote:
Originally Posted by darkcloud View Post
I just didn't feel like being the bad guy and bringing up that he might have done something. But I'll give the brother the benefit of doubt or "innocence until proven guilty".
+1
I am sure we are not hearing the whole story.
(she lives an hour away...under estimated LA traffic)
I hung out there for 2 hours (watched tv, talked to the roommate and slept).

Those two statements doesn't add up at atll.
She lives an hour away and even if you underestimate the traffic....2 Hours to spend at the Room mates place means he completely over estimated every thing
All of us have some idea of the traffic pattern in the the normal areas of our coomute. - Unless this is the first time he was going to his GF's place. So to show up at his GF's place that early......
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      04-18-2008, 10:56 AM   #15
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Innocent till proven guilty...?


Hmmmm if that was the case, why did they put me in jail before my trial...


I don't know exactly what happened, but i'm only hearing your side of the story...there could be more that you're hiding from us, but this is America, there are many loopholes in the laws so chances are you'll get off if there is no hard evidence you did anything.
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      04-18-2008, 11:22 AM   #16
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There would have to be some proof that something occured. But sometimes words are all that is needed. an allibi or witness would help. And if she is lying and your lawyer is as good as you say he is, then he should be able to catch her in a false statement. otherwise dude you might be in trouble.

Secondly if your beig charged with what i think you are being charged with, she should have had some type of medical exam unless she refused it, in which case see if you could use it against her.

Other than that it sounds like a he said she said, type deal, which usually doesn't turn out too well for the guy.
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      04-18-2008, 11:29 AM   #17
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Quote:
Originally Posted by stumpy221 View Post
Other than that it sounds like a he said she said, type deal, which usually doesn't turn out too well for the guy.
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      04-18-2008, 11:53 AM   #18
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Civil court is guilty until proven innocent. Criminal court is the other. You can not be proven guilty and still have to pay fines/do community service. Sucks.

There are some girls here who do that crap for attention as well, it is always nice when it gets shown for what it is. Good luck.
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      04-18-2008, 12:23 PM   #19
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[QUOTE=Kiwirobbie;2512113][QUOTE=darkcloud;2511938]Sounds like this chick is a psycho. Maybe is hoping for a settlement just to get some cash out of it? Who knows.

Quote:

Maybe he did do what the chick said and it's him that's after the sympathy vote from people here, did you think about that, some psycho's like protesting their innocence in any forum they can find. You don't find many rapists or murderers who say they did it do you.

That said if he didn't do anything to her good luck and I hope you don't get prosecuted, being shagged up the butt by Bubba and John Boy wouldn't be my idea of fun.
And unfortunately the way he phrased everything in the original post doesn't sound good to me.

"I'm in a legal matter with some chick thats accusing me of BS.... Theres no proof to what shes accusing me of. No evidence No witnesses nothing!"

And "I thought this was a mans world..."

Not good things to say if your innocent.

With that said, there are a lot of women, A LOT they cry foul on rapes. A lot of men have had their lives completely destroyed by false allegations. There was no evidence, but were convicted anyway.

In my Health class in college, a psychiatrist came in to talk to us about things like this. This lady actually sided with guys. She said it really disturbed her how often women falsely accuse men of rape.

It is complete crap, and one thing wrong with the justice system. It still believes that men can't be raped by women, and that it's all true when a woman makes such blatant allegations.

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      04-18-2008, 12:40 PM   #20
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Quote:
Originally Posted by Couch View Post



And unfortunately the way he phrased everything in the original post doesn't sound good to me.

"I'm in a legal matter with some chick thats accusing me of BS.... Theres no proof to what shes accusing me of. No evidence No witnesses nothing!"

And "I thought this was a mans world..."

Not good things to say if your innocent.

With that said, there are a lot of women, A LOT they cry foul on rapes. A lot of men have had their lives completely destroyed by false allegations. There was no evidence, but were convicted anyway.

In my Health class in college, a psychiatrist came in to talk to us about things like this. This lady actually sided with guys. She said it really disturbed her how often women falsely accuse men of rape.

It is complete crap, and one thing wrong with the justice system. It still believes that men can't be raped by women, and that it's all true when a woman makes such blatant allegations.

+1 had huge debate on this in class. 3 guys 20 girls. Guess who won.
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      04-18-2008, 12:54 PM   #21
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Quote:
Originally Posted by Kiemyster View Post
ohh dude... bitches like that need to have their nipples ripped off. and then some.... lol
+1. Bitches accuse guys of all sorts of shit sometimes...I just wish they got what's coming to them. As for the original topic, although they say innocent until proven guilty, there's still a stigma attached to a person who's being accused of something, especially in criminal matters when it comes to situations like this. Unfortunately, that's something you have to deal with as a result of this cunt's accusations towards you. Good luck to you.
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      04-18-2008, 01:10 PM   #22
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Quote:
Originally Posted by Couch View Post


And unfortunately the way he phrased everything in the original post doesn't sound good to me.

"I'm in a legal matter with some chick thats accusing me of BS.... Theres no proof to what shes accusing me of. No evidence No witnesses nothing!"

And "I thought this was a mans world..."

Not good things to say if your innocent.

With that said, there are a lot of women, A LOT they cry foul on rapes. A lot of men have had their lives completely destroyed by false allegations. There was no evidence, but were convicted anyway.

In my Health class in college, a psychiatrist came in to talk to us about things like this. This lady actually sided with guys. She said it really disturbed her how often women falsely accuse men of rape.

It is complete crap, and one thing wrong with the justice system. It still believes that men can't be raped by women, and that it's all true when a woman makes such blatant allegations.


I said theres no proof etc because without being questioned I was just thrown in jail. Without looking at the facts or evidence, I'm being pulled into a trial.

It doesnt seem like its a 'mans' world.... its more of a womens world since a female can just say a few words and without anything to backup what they say, and can have someone thrown in jail.

He story has its flaws, the night of the so called crime. She told the cops I touched her vagina, a few days later when they questioned her again, she said I tried to touch her vagina. She also called me the following day after my arrest asking me to call my GF...

my gf is still living with her roommates because of the lease agreement... but their all set to move out the end of this month when I goto trial.

Another thing to add... my family had contacted this chicks family the day I was bailed out. They had come to an agreement for me to pay a few grand to the girl. The next day we were supposed to goto a notary to sign some papers but then they bailed out.


I'm just here to vent my anger at the system. Which might be a stupid thing to do while in a lawsuit.
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