Legal Question in Criminal Law in Massachusetts
my neihbor plant fell off the step can she blame me if she has no proof
2 Answers from Attorneys
She can always accuse you of doing it; she can claim she saw you do it. At trial or in an application for criminal complaint, all the "proof" that is required to go forward is your neighbor saying she saw you do it. Whether or not any criminal charges will issue, and if criminal charges do issue, whether the prosecution can prove you guilty at a trial is an entirely different matter. You have a right to present your own evidence, in the form of your denial of the charges or the testimony of someone who will say you did not do the acts alleged, to challenge the prosecution's case. A good lawyer will also highlight the weaknesses in the prosecution's case, such as the lack of any forensic evidence, lack of any other witnesses or motive, and logical inconsistencies in the alleged victim's story.
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