回复：To 法居士: Severalpoints
文章来源: scoopydoo 于 2005-05-18 13:19:33
I only know a little bit about criminal law and criminal procedure since I am not a criminal attorney. However, I can tell that you misunderstands some basic legal principles of criminal law according to your post.
1> Presumption of innocence is the basis principle of criminal law in this country. Unless you are convicted by the court, especially by the jury, you are innocent regardless what the state attorney charges against you. Being asked to show up in the court doesn't mean that you are guilty.
2> It is the state attorney who has the burden to prove, beyond reasonable doubt, that your friend is gulity. Your friend has no burden to show she is innocent unless there is adverse evidence against her. That is why your friend's case is dropped even without a trial.
3> If what you said is correct, your friend can collect evidence regarding how the "third-party" made up evidence in order to harrass her and file a civil action against the "third-party." The "third-party" will have big trouble if she had made up evidence in order to harrass your friend and if your friend can prove it. This time, the burden of proof is on your friend. I suggest her to talk to a personal injury attorney before taking actions against the third party.
文章来源: scoopydoo 于 2005-05-18 13:19:33
I only know a little bit about criminal law and criminal procedure since I am not a criminal attorney. However, I can tell that you misunderstands some basic legal principles of criminal law according to your post.
1> Presumption of innocence is the basis principle of criminal law in this country. Unless you are convicted by the court, especially by the jury, you are innocent regardless what the state attorney charges against you. Being asked to show up in the court doesn't mean that you are guilty.
2> It is the state attorney who has the burden to prove, beyond reasonable doubt, that your friend is gulity. Your friend has no burden to show she is innocent unless there is adverse evidence against her. That is why your friend's case is dropped even without a trial.
3> If what you said is correct, your friend can collect evidence regarding how the "third-party" made up evidence in order to harrass her and file a civil action against the "third-party." The "third-party" will have big trouble if she had made up evidence in order to harrass your friend and if your friend can prove it. This time, the burden of proof is on your friend. I suggest her to talk to a personal injury attorney before taking actions against the third party.
选择“Disable on www.wenxuecity.com”
选择“don't run on pages on this domain”
