Legal Question in Criminal Law in California

Responsibility to Prove Innocence

I was accused by my ex-fiance of opening credit-card accounts without his knowledge.

This was investigated by a police officer and sent to the DA for a decision. I was told to be in court on January 26th. I wasn't on the calendar that day however, and when I called the DA's office, was told it was Denied but I would have to make a new court date for it to get formally denied in court. I did this and thought it was going to be over. I received a phone call a week or two later however from the police officer now stating the DA wanted to know if I had check stubs or documentation to prove we were living together at the time the accounts were open. I could get all that with considerable effort and expense, however, Isn't it their job to prove guilt and not mine to prove innocence at this point? Shouldn't my ''accuser'' be responsible for these expenses? Thank You.


Asked on 2/10/04, 8:36 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Responsibility to Prove Innocence

I agree completely with Mr. Johnson. I want to add one point to what he wrote.

If you are put on trial, the prosecutor will have the burden of proving you guilty beyond a reasonable doubt, and you will not need to prove your innocense. Being put on trial is not a pleasant experience, and if you can demonstrate your innocense now you might want to do so -- even though you are not obligated to.

As Mr. Johnson said, though, you should consult with a criminal attorney before proceeding. The prosecutor may use anything you provide against you, and you don't want to inadvertently help him make his case by making it look like you are actually guilty. A lawyer can help prevent this from happening.

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Answered on 2/11/04, 5:14 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Responsibility to Prove Innocence

You have no duty to provide any information, and usually it is best for you not to say anything or provide any information. However, they may be giving you the opportunity to show them that there is no case against you. Before you do anything you should consult with an attorney regarding the facts in your case.

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Answered on 2/10/04, 9:54 pm


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