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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.
Optional Information: Country relating to Question: United States State (if USA): Texas Already Tried: 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.
Experience: 18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Thanks
Thank you!!Good luck with this.