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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100986
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Do you always have the right to know who your accuser is.

Customer Question

Do you always have the right to know who your accuser is. And if not what are my rights?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

No, not always. This depends on the situation. What are you being accused of, and through what agency (the police, the CPS, etc)? Have you been charged with anything?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
This is a homeowners association problem. I have been accused of letting my dog go out of my house without a leash.that is a standard rule in this community. It carries a 25dollar fine.the problem is when I asked them (the board members)who filed the complaint they said they didn't have to tell me me that meane that anyone who wants to file a true or false complaint can do so .how do you defend yourself?are you guilty just because someone says so.
Expert:  Ely replied 1 year ago.

Thank you. Okay, one second please while I am typing out my answer; apologies in advance for the wait.

Expert:  Ely replied 1 year ago.

An HOA is not a Court of law. An HOA is an administrative body. The right to face one's accuser is a right in Court, not the HOA. So this does not translate into an HOA right, unless it is written into the bylaws, covenants, or declarations of the HOA.

If you wish to know who filed a false complaint but the HOA is not cooperating, you could technically sue "John Doe" for defamation and file a SUBPOENA against the HOA. This way, the HOA would have to provide the name. Once the name is ***** ***** suit would be amended to change the name of the Defendant from John Doe to (proper name) and the suit would continue.

Whether or not it is worth going though all this trouble - this is your decision, of course.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith by rating me positively.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!