Legal Question in Criminal Law in Louisiana

New Orleans, Louisiana: My husband's sister filed a false police report, claiming I shoved her in an altercation. In reality, we had a shouting match, with no physical contact nor the threat of any. My husband was a witness to this. We believe she did this in retaliation to our calling the police on her a month earlier for disturbing the peace when she came to our home and made a scene. The police told her to leave and a report was filed. A month later, she started an argument at her apartment, in which shouting / name calling took place - but NO physical contact between us, nor the threat from either of us. Thus, the police report she filed, claiming I shoved her (simple battery charge) would be false.

My questions are:

1) What kind of evidence will the prosecution need to prove in order to find me guilty? I'm going to plead not guilty, but need to know where I stand on their burden of proof. At this point, it's her word against mine. Is that enough?

2) Can my husband testify as a witness, or because he is related to me (and have something to gain by testifying) would he be excluded?

3) How do I bring up that she lied to the police in the police report and have charges brought on her for falsifying a police report?

Many thanks for your help.


Asked on 3/10/11, 12:20 pm

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

The prosecution would have to prove your guilt to a judge (not a jury) beyond a reasonable doubt. Ultimately if you and your husband testify (and yes he can) the question is who the judge believes. You did not say if there were any other witnesses or other evidence.

As to the "false report" it might be that ultimately no prosecutor knows who is telling the truth.

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Answered on 3/10/11, 5:47 pm


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