Criminal Law Questions? Ask a Criminal Lawyer.
Are you asking if he has the burden to prove you consented in the criminal case?
no i am asking what i need to do to prove i did not invite him as he said and did not give him my things that he staole
In what context? Why do you think you have to prove that?
i really dont understand what i have to do to prove he burglarised my home and stole from me when he said i lured him here yet i have given my phone records emails etc to show absolutely no contact he did not even know my phone number
yet he says i lured him here and i gave him my sons xmas present by mistake and yet despite being asked for it back by the detective and attiorney he has not
The burden of proof is on the District Attorney. They will use y our testimony and your phone records to prove it.
he has been charged with burglary 2nd deg
it is my word against his so i am told
Once you testify to that then the burden on him is to prove that you consented which will be almost impossible to prove.
what defense does he have
so i have a chance of winning my case
The name of the defense is "consent", but it's very hard for someone to prove that without a witness to support him.
he is obseesed with me and has threatened to kill me i have a restraining order but he has violated it
i am a nurse and have never had to deal with this before
All of that makes it even less likely they are going to believe him.
are u an attorney
After you testify that he stole the stuff the burden to prove that you gave it to him switches to him.
I graduated law school in 1992 and have had over a hundred jury trials and thousands of cases. I have had criminal cases in multiple states and have consulted on them across the US and even overseas.
one last question if you were defending him what would you say to try and get him off, we all know he is gukity it is just a matter of proving it he is very crafty and convincing
how about you come and represent me ??
It sounds like the only defenses are 1) he didn't do it and 2) you consented, but this is probably a case where I would try to convince my client to take a deal because the judge and jury aren't going to believe him.
the distirct attny says it may not even go to court , how then do i get my thibgs back he stole
i am very concerned because if he gets off he has threatened to come back and kill me i told the DA
The DA can make it a part of the plea bargain for him to return the items.
he already admitted he came he by invite and has my things but he said i gave them to him
He will almost certainly take a plea bargain and you may even be able to get him charged with threatening to harm you.
i was at work and witmesses saw him at a later time than he says
if you were defending him what would you say
Those two defenses I gave you are the only ones that appear at all plausible under there facts. I would tell him to take the plea.
thank you very much. wish me luck
I do wish you luck. It is shame that someone would be treated like this but unfortunately it happens too much.
Please come back to this thread after it is over and let me know what happens.
Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.
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Anything else I can assist with?
i will and thsnk you so much you have been most helpful
I'll wish you the best and exit to assist others then. I do hope it goes well (I think it will).
You're very welcome.
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