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False allegations of abuse
Please tell me how a person can be convicted of assault without a credible witness?My husband was abusing me so I asked him for a divorce.I had him thrown out.He moved in with an elderly man who felt sorry for him because his drinking had cost him his job.The elderly man went to the Magistrate and claimed I assaulted him trying to make mt husband come home.Just the thought of both makes me sick.With no evidence and no police report I was convicted.I've appealed it.And asking for a jury trial.How do I approach this now.Mu husband moved in his girlfriend there and I fear she may be part of this lie.If I'm convicted of this assault I'll lose my job and my home and have a real hard time finding a place to go.Any suggestions?
The old man is a nut and would do anything for him.He claims my husband is his dead brother.Can I get his medical records supeaned? |
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First, ANY question on law needs to include your general locale as laws vary by area.
Your post is contradictory. First you says; " With no evidence and no police report I was convicted.I've appealed it". Then you say; "If I'm convicted of this assault I..." So which is it? I'm sorry, but I really find it hard to believe that you were convicted. Maybe you were charged and are going to trial. But that's not the same. You can't be convicted of something without a trial. While you can choose to be tried by a jury or a judge, a trial is still necessary. If there was absolutely no corroborating evidence , then there is no way you get convicted. As for appeals, Appeals are not done before a jury (at least not in the US). You cannot appeal a conviction on the grounds that you didn't like the result. You appeal on the basis of something was wrong with the trial. Now if you weren't properly represented or not given the choice of judge or jury or something else, then you may have grounds for appeal. Do you have an attorney? Since this is a criminal charge, the court will appoint one for you (again in the US). If the only evidence is the testimony of one man, you can certainly have his medical records subpoenaed to show credibility. Did you file for divorce before throwing him out? |
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