回複：To 法居士: Severalpoints

I only know a little bit about criminal law and criminal procedure since I am not a criminal attorney. However, I can tell that you misunderstands some basic legal principles of criminal law according to your post.

1> Presumption of innocence is the basis principle of criminal law in this country. Unless you are convicted by the court, especially by the jury, you are innocent regardless what the state attorney charges against you. Being asked to show up in the court doesn't mean that you are guilty.

2> It is the state attorney who has the burden to prove, beyond reasonable doubt, that your friend is gulity. Your friend has no burden to show she is innocent unless there is adverse evidence against her. That is why your friend's case is dropped even without a trial.

3> If what you said is correct, your friend can collect evidence regarding how the "third-party" made up evidence in order to harrass her and file a civil action against the "third-party." The "third-party" will have big trouble if she had made up evidence in order to harrass your friend and if your friend can prove it. This time, the burden of proof is on your friend. I suggest her to talk to a personal injury attorney before taking actions against the third party.

所有跟帖： 

• Thank U so much for understand -ing!!!!- ♀ (0 bytes) () 05/18/2005 postreply 13:23:49

• Its not issue of understanding -NotSupport- ♀ (45 bytes) () 05/18/2005 postreply 14:36:43

• Are you idiot or what? -shame....- ♀ (0 bytes) () 05/18/2005 postreply 19:16:38

• 白癡!人家明明是在支持樓主.你可真會往自己臉上貼金. -你智商夠嗆- ♀ (0 bytes) () 05/18/2005 postreply 19:31:19

• BTW, personal injury? -moreDetail- ♀ (0 bytes) () 05/18/2005 postreply 13:28:19

• 其實也可從另外的途徑提出公訴. -justAnidea- ♀ (262 bytes) () 05/18/2005 postreply 19:58:39

• if this guy didn't have mental -problem,i- ♀ (85 bytes) () 05/18/2005 postreply 13:28:28

• 真專業.是該告那個第三者. -殺殺她的氣焰.- ♀ (0 bytes) () 05/18/2005 postreply 19:20:02