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Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Criminal Law
Satisfied Customers: 3864
Experience:  Atty for 24+ years; Plain English explanations
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Can someone be convicted without any evidence

Customer Question

Can someone be convicted without any evidence?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Jane Doe Deer replied 5 years ago.

Thank you for contacting Just Answer. I look forward to assisting you.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me.

 

There can also be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break.

 

I need the following answered before I can answer your question. Sorry - it's a little bit of a different process from sitting in an attorney's office.

 

Can you please explain your question in more detail? What's going on?

 

I'll look forward to hearing from you,

 

Jane Doe Deer

 

Customer: replied 5 years ago.

My ex-husband's wife filed a complaint with the County Attorneys office in Georgetown, KY (I live in OH) and I was served by a Police Officer while I waited to pick up my son (I'm the NCP) and they used my son as bait to get me to come the state to do it.

They have no evidence that I have been harassing her by phone per her complaint.

They are merely going by what she has told them and via her statement. Meanwhile, a police officer called my house threatening me (he is an old high school buddy of hers).

I need to know if I go to trial vs accepting their deal of not to prosecute me-can I go to jail?

Their deal is if I sign a piece of paper promising not to do it again the charges will be dropped a year from now.

Expert:  Jane Doe Deer replied 5 years ago.

Can you please tell me the specific name of the crime with with you've been charged, as well as the statute number if you have it? It should be on your paperwork. It's probably something like "telephone harassment"

 

If you are charged with a crime, you have the right to request a trial by jury. You have the right to a free attorney if you cannot afford an attorney. The jury (or judge if you don't request a jury) must find you guilty "beyond a reasonable doubt." If the state has no evidence, it's very unlikely that you will be convicted.

 

 

Customer: replied 5 years ago.

The charge is KRS 525.080 ( Scott, Co. Kentucky) My Ex-husband's wife is alledging I called her work twice on 5/23.

She has no evidence of this yet my present attorney says I can still be convicted if the jury believes her over me.

I am not at all liked by the state. The prosecutor wants me to sign a paper that I promise never to do it again then the charge will be dropped in a year.

I am innocent but yet somehow I feel that does not matter. My attorney will not tell me what I should do but he says he will support me either way. I don't understand???

I have no record,they have no evidence. I am getting the feeling of a conspiracy brewing here and it's because I told my ex that I was not willing to give up my weekend with my son in July.

I became a NCP-because he stole my son from me. Long story short. Since then and my discharge from the Navy all I can hope for is more rights to my son and as a mother.

I have hired and fired several atty's and end up representing myself most of the time.

This guy is the best criminal atty and he has always been nice to me-still I can't help but wonder....and I am scared.

Expert:  Jane Doe Deer replied 5 years ago.

KRS § 525.080

Baldwin's Kentucky Revised Statutes Annotated Currentness
Title L. Kentucky Penal Code
View the full text of all sections at this level Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)
Current Section525.080 Harassing communications


(1) A person is guilty of harassing communications when with intent to harass, annoy or alarm another person he:

(a) Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail or any other form of written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communication; or

(b) Makes a telephone call, whether or not conversation ensues, with no purpose of legitimate communication.

(2) Harassing communications is a Class B misdemeanor.

 

The following three cases are the only ones listed on Westlaw:

 

1. Constitutional issues

KRS 525.080 does not regulate speech but rather the intentional use of private communications to annoy, alarm, or harass the receiver which also serves no purpose of legitimate communication, and thus the statute is not overbroad nor does it prohibit legitimate free speech, but rather it punishes the manner used to convey the communication which intrudes on the individual's right to be left alone and not the thoughts and ideas conveyed, and it does not matter if the conversation ever ensues; the meaning of the statute is clear and provides reasonable opportunity to know what actions are prohibited, and therefore the statute is constitutional. Yates v. Com. (Ky.App. 1988) 753 S.W.2d 874.

2. In general

Harassing communications by telephone, telegraph, mail, or any other form of written communication intrude upon a justifiable privacy interest of the recipient, and therefore this right to communicate must be considered in light of a person's right to be left alone; no individual whose intention is to annoy, alarm, or harass has the right to impose his ideas on an unwilling listener not in a public forum. Yates v. Com. (Ky.App. 1988) 753 S.W.2d 874.

3. Threatening correspondence

An attorney's conduct warrants a public reprimand where he engages in harassing and threatening communications toward a former employee consisting of threatening to inform members of the community, that the employee had stolen items of personal property from his home while caring for his sick wife unless she agreed to assist the attorney in his campaign bid for the position of county attorney, and also authored correspondence directed to the former employee stating that "I have certain instructions in my lock box at the bank about all this... so don't get any foolish ideas about me, or some tough guys will come looking for you"; the attorney's conduct and subsequent misdemeanor conviction under KRS 525.080 adversely reflects on his fitness to practice law, and constitutes unprofessional and unethical conduct tending to bring the legal profession into disrepute. Kentucky Bar Ass'n v. Davis (Ky. 1991) 819 S.W.2d 317.

 

 

Customer: replied 5 years ago.

This is no kind of an answer!!!!!!

I know what the law says. I am not going to pay for this since it is not what I asked you.

I am looking for guidance and to make an intelligent decision here. Anyone can download the info you just posted.

Please respond to my query or refund my money.

Thank You

Expert:  Jane Doe Deer replied 5 years ago.
It can happen, but it is extremely unlikely that you will be convicted with no evidence. The jury has to find proof beyond a reasonable doubt.

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