Legal Question in Criminal Law in Florida
i have two pending charges against me from a former girlfriend. she claimed that i made harassing phone calls to her and sent her threating emails. at first, it was a felony extortion case which i was arrested and spend 31 days in county jail before i could say or do anything. it was later dropped to a misdemeanor charge. . she has PHOTOSHOPPED emails that she took from my original emails, edited them, printed them out and produced them to law enforcement for evidence. she also only provided hand written proof that i called her numerous times, which did not happen.
so, how does the state prove this? this has been going on for over a year now and i cannot obtain nor should it, counter evidence because the email records my isp will not provide nor my phone company. so what does the state need to prove her case? i would think the state has to subpoena phone records and emails from servers directly. is only her word good enough? has it come to the point where a woman can just accuse someone of something and its set in stone?
i do have an attorney, but im not to confident.
1 Answer from Attorneys
This sounds like a strategic question that you need to discuss with your attorney. No attorney on here can give advice if you are presently represented but can only answer in general terms. I can tell you that she could testify, but it is up to good cross examination and hopefully an expert to prove the photoshopping you are talking about, in order to expose those lies.
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