Monday, February 8, 2010

What can someone do about false accusations in the court of law.?

Anyone can make a false accusation, I can make one any moment about my neighbor or anyone, but in my opinion It seems like if you are falsely accused of something, you are proven guilty until proven innocent and it is really hard if not impossibe to change it around. Ofcourse this is not with all cases but in ones where the government can easily be fooled or lead to believe the accusations are true. Like let's say a school bus driver you know has had a recent DUI and you report that he drives around kids on the job while drinking, but you know it's not true, the poor accused man is F#$@ed. The authorities go after him and eventually say it is true, and that the poor man can no drive around kids. Will the court of law or a fair judge see the truth. In general are judges as narrowminded as cops, people with axes to grind, and caseworkers are. What laws are there to protect people from narrowminded determinatioins made by detectives etc.What can someone do about false accusations in the court of law.?
In the case that you cited of the school bus driver, he should not be driving a school bus, or any other commercial vehicle if he has a DUI





However if someone makes a false Police report, they can be prosecuted for that, although it is true that in most cases people who make false Police Reports are never prosecuted.





I do agree that in some cases people make false Police Reports and they get away with it. Unfortunately those false accusations can force innocent people to spend their life savings to defend themselves against false accusations.





I do know of a case that happened about 20 years ago where a Transit bus driver intervened in an incident where one woman on the bus that he was driving, attacked another woman on the bus.





The bus driver sprayed pepper spray on the woman who was attacking the other woman to get the attacker to stop and prevent injury to the victim.





The woman who was the attacker was also Black and accused the bus driver of making a racial slur against her, although that accusation was false.





The woman who was the atttacker later admitted that she lied about the racial slur.





As a result of the accusation of the racial slur, the bus driver was arrested by the Police and fired from his job.





The bus driver spent almost $10,000 (the bus driver's life savings) in Attorney's fees to defend himself, before the District Attorney dropped the charges against the bus driver





The woman who was the attacker in the fight was never prosecuted for battery that she committed against the other woman, and she was never prosecuted for the false accusation that she made against the bus driver.





This was the case, even though the woman who was the attacker had a Criminal history of several Criminal Convictions for Battery and other aggressive Criminal behavior.





Prior to this incident, the bus driver never had been arrested or convicted of any crime in his life. The bus driver also had a spotless driving record.





The bus driver was never reimbursed for the almost $10,000 (the bus driver's life savings) in Attorney's fees that he spent defending himself against the false accusation, or the lost income from being fired from his job.





Because the bus driver had been both arrested and fired from his job, he had difficulty finding other work and was unemployed for some time.





Personally, I would say the bus driver did the right thing to stop the woman who was the attacker from injuring the victim that she attacked.





However the action of the bus driver to save the victim from injury at the hands of her attacker, and the false accusation against him, cost the bus driver a great deal of money, humiliation and aggravation.


.What can someone do about false accusations in the court of law.?
You are not presumed guilty. Instead, at a trial, if the prosecutor fails to prove guilt, then the jury must acquit. Your question seems to be how one practices law. Go to law school and then get a couple decades experience and that will be a start.
I notice your question is not about anything which has actually happened to you, so our legal system sucks?
The fella before me really did a good job at answering your question. But I too would like to add to this problem we have in society as I am involved in the legal system.





The best you can do it try and show where these accusations were false. Sometimes that is easy and sometimes, not so easy. And like he said, you could realistically spend your life savings on proving your innocence. But I would have sued the person making the claims after I won....I would take all their possessions just because I would want them to feel the pain I went through.





The reality is there are much politics in these courts today. Not law, but politics. Who you know, who you are going up against, who is making the claims. Not truth, not even reason. To me, that is the main problem in society today. Injustice.





I have witnessed people's lives being ruined when they didnt do it. I am one of those people, even though I do not care to do into detail. I was accused of something by a big utility company. Something I could not possibly have done. But despite all my legal education and experience, presenting a good defense, complete with verification, case law and most certainly reasonable doubt, I did not prevail as I could in no way come near the influence and magnitude a major utility company has in a court. Everything I tried to get admitted into court, was denied. Everything they admitted was accepted, simply because it was them. Then, to add insult to injury, they are now discussing how this law is poorly written and really should not be on the books....DAHHH....Like that helps me? It doesnt. Even if they decide now it is a bad law, my case was before that and it will stand. How is that right?





So, that is the reality of false accusations in a court of law in the world today. All over these United States.

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