Criminal Law Questions? Ask a Criminal Lawyer.
Is this going to be a trial to the judge or a trial to a jury?
It's a summary trial at one of these little magisterial district courts, so no jury.
Neither party involved has any prior criminal history
Based on what you have put forth then it does seem like he would have a good chance at winning.
The burden of proof is one the other side and it doesn't sound like they have anything other than "suspicion".
He should also move to strike anything that is not connected with this particular incident he is being accused of.
Would having copies of the police reports be of any use to my relative or not really? Basically, this neighbor of his is saying that he's harrassing her and that she's afraid to use that part of the driveway. She has listed all of these other minute things as part of her evidence, as it appears on the complaint sheet.
The bulk of the argument seems to be with the spike board
Not really, they're not admissible unless you subpoena a police records custodian to "prove them up".
She can certainly be questioned about other complaints that she called in and the police investigated and dropped.
Yes, I'm just wondering why the police never even said anything about the spike board to him
He is gone during most of the day, so maybe they knocked and left
but they could have left a note in his mailbox or called him (since they have his number)
Probably because there is no evidence to support that he was involved in it in any way.
Did they file the charges or did she?
He never heard a peep out of the police, he didnt even find out about the event until he got the private complaint in the mail over a month later
she filed the charge
She probably filed because the police wouldn't. This isn't unusual in a case where there have been a number of unsubstantiated complaints. They start just doing a cursory investigation if they do any at all.
alright, thanks for your help, this clarifies a lot for my family
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