I live in Texas. I work out of town. My neighbor on the street behind us has been harrassing my wife. She has made police reports. He came to my house so my wife filed a criminal tresspass waarning against him. In return he filed one on both my wife and I. I have never met the guy nor has me and my wife ever been to his house. Does he have the right to file this or is it considered filing a false report.
Country relating to Question: United States
State (if USA): Texas
Just found out today.
Hello Jacustomer,It's very easy in this country to get someone arrested. All the police need is something called Probable Cause. Probable cause is just a reasonable belief that you may have been involved in some criminal activity. It doesn't require a great deal of evidence, and the words of a convincing liar can give it to the police. On just this complainant's say-so, the DA can file charges.Now, as easy as it is to file the charges, that's just how tough it is to get a conviction. The DA will be required to prove every element of the offense charged beyond a reasonable doubt, which is the heaviest burden in all of law.This case against you will come down to his word against yours, and your lawyer (make sure you have one) will be able to argue that this complainant's charges are purely retaliatory in nature and not based upon any real fact. If you prevail on the matter you can then look into suing him in small claims court for your legal expenses or attempting to get charges filed against him for making a false complaint to law enforcement.
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Thank you!!Good luck with this.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).