QUESTION

What steps do I take when someone has filed a false police report against me leading to a felony When I have supporting evidence to prove my Innocenc

Asked on Mar 08th, 2018 on Criminal Law - Florida
More details to this question:
My husband met with a young lady to trade cell phones After meeting with her and exchanging phones when we left she called the local police department make it a report of theft saying she did not receive a phone the reinfect just took off with hers I have documents showing a phone that was registered to my husband a month prior to this incident with the After meeting with her and exchanging phones when we left she called the local police department make it a report of theft saying she did not receive a phone the reinfect just took off with hers I have documents showing a phone that was registered to my husband a month prior to this incident with the ImEI number Also have documentation from the same ladyโ€™s cell phone account showing she activated the phone one month later with the same I Also have documentation from the same ladyโ€™s cell phone account showing she activated the phone one month later with the same I imei number Itโ€™s also took believed that the state attorneys or aunt
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1 ANSWER

Criminal Law Attorney serving Bartow, FL
1 Award
The burden is not on a defendant to prove his/her innocence.  The burden is on the state to prove guilt.  However, often the state's burden is very minimal -- so it's always good when a defendant has something that can prove innocence if, despite being innocent, the state was able to meet its initial burden.  However, often a Defendant is unable to adequately use his evidence showing innocence except at trial.  Sometimes if the evidence of innocence is apparent and strong, the state can be persuaded to drop the charge before it goes to trial.  But that is something you need to discuss in great detail with your attorney before making a decision on how to handle the evidence you have.  I definitely recommend against you, personally, talking to the prosecutor or law enforcement officers -- even if you believe your evidence is very strong. I believe that would be a big, potentially irreversible, mistake.  
Answered on Mar 09th, 2018 at 6:50 AM

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