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No Face No Case
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The term no face, no case implies difficulty in prosecuting without clear identification but is not a legal principle. Various types of evidence, such as physical, documentary, and digital, can be used in court. In disputes, the court weighs credibility and evidence. Recording in public areas is generally legal, but privacy expectations vary. Seek specific legal advice for tailored guidance.Full Conversation
What type of evidence? Example?
There are several types of evidence that can be used in court:
- Physical evidence: Tangible items such as a weapon or fingerprints.
- Documentary evidence: Written or recorded evidence.
- Demonstrative evidence: Displays or models that represent a fact.
- Witness testimony: Statements made by witnesses under oath.
- Expert testimony: Opinions from experts about technical matters.
- Digital evidence: Emails, text messages, social media posts.
Remember, the relevance and admissibility of evidence may vary depending on the case and jurisdiction.
- Physical evidence: Tangible items such as a weapon or fingerprints.
- Documentary evidence: Written or recorded evidence.
- Demonstrative evidence: Displays or models that represent a fact.
- Witness testimony: Statements made by witnesses under oath.
- Expert testimony: Opinions from experts about technical matters.
- Digital evidence: Emails, text messages, social media posts.
Remember, the relevance and admissibility of evidence may vary depending on the case and jurisdiction.
My neighbor is saying that I threw dog poo in her yard but she has never seen me do it. Is this a 'no face, no case'
While 'no face, no case' isn't a legal principle, it can be harder to prove accusations without direct evidence or witnesses. However, other evidence like CCTV footage, photographs, or even circumstantial evidence can be used. It depends on the strength of this evidence and jurisdiction-specific laws.
It's her word against mine
In a situation where it's one person's word against another's, the court will weigh the credibility of the parties and any evidence presented. If there's no additional supporting evidence, it can be difficult to prove guilt beyond a reasonable doubt.
She only has a photo of poop in her yard.
A photo of poop in her yard alone might not suffice to prove you're responsible unless it's linked directly to you in some way. Remember, in court, the burden of proof lies with the accuser. They must prove your guilt beyond a reasonable doubt.
How would bit be linked to me without a witness, video?
In this case, linking you to the act without a witness or video could involve:
- DNA evidence from the poop linking it to your dog.
- A history of similar accusations against you.
- Evidence of a motive or conflict with your neighbor.
Remember, it's the accuser's responsibility to provide sufficient evidence to prove your guilt.
- DNA evidence from the poop linking it to your dog.
- A history of similar accusations against you.
- Evidence of a motive or conflict with your neighbor.
Remember, it's the accuser's responsibility to provide sufficient evidence to prove your guilt.
She has a habit of lying. We do have conflict because her dogs bark and I turned her in to animal control. She accuses me of things I don't do.
It's a difficult situation. If you feel harassed or threatened, you might consider legal remedies such as a restraining order or defamation lawsuit if false statements are damaging your reputation. Have you thought about any legal action?
We can only get a restraining order in Sacramento county for a physical threat
In Sacramento County, you may obtain a Civil Harassment Restraining Order if you're being harassed, stalked, abused, or threatened by someone not close to you. However, for it to be granted, you need to prove a pattern of such behavior.
Example of harassment?
Harassment can involve:
- Repeated, unwanted contact such as calls, texts, or emails.
- Stalking or following you.
- Threats of harm to you, your loved ones, or pets.
- Damage to your property.
- False accusations or rumors spreading.
Remember, it's essential to document any incidents, as this can serve as evidence.
- Repeated, unwanted contact such as calls, texts, or emails.
- Stalking or following you.
- Threats of harm to you, your loved ones, or pets.
- Damage to your property.
- False accusations or rumors spreading.
Remember, it's essential to document any incidents, as this can serve as evidence.
She hasn't done that. She's only let her dogs bark at us in the backyard. She has threatened my daughter with her fist and I do have that photo. But aren't the statutes of limitations 60 days from the last incident?
The statute of limitations varies depending on the type of crime and jurisdiction. In Sacramento County, for a civil harassment restraining order, there's no specific time limit mentioned. However, it's advisable to act promptly after incidents for effective legal remedies.
We had to do mediation and that's what has delay the time, making us unelagible to file per their 60 day policy. In addition, I took video of her stalking the fence and threatening us from our 2nd story. You told me that's illegal but the sheriff said it was public.
The mediation process and the sheriff's response might have complicated things. However, stalking or threatening behavior can still be considered harassment. Have you presented this video evidence to the authorities or a legal advisor for further guidance?
My lawyer said it was public domain and I could record her doing these things along our shared fence line. That's what the court sent us to mediation.
It's important to follow your lawyer's advice. If you have evidence of threats and stalking, this could potentially support a case for harassment. However, the specific laws and outcomes can vary. Legal advice tailored to your situation is essential.
So is it legal to record her along the fence line like that if her backyard is in the back ground?
Yes, it's generally legal to record in public areas where there is no reasonable expectation of privacy. However, laws can vary. In California, it's illegal to record confidential conversations without consent. But, if the person is in a public area like a shared fence line, it's usually not considered confidential.
It's her side yard and our back yard.
If it's a shared space, recording is generally permissible, but again, specific legal advice is important. Remember, any recording should not infringe on her reasonable expectation of privacy. Are there any other questions you have related to this situation?
There is a fence between us.
The presence of a fence can create a physical boundary, but does not necessarily guarantee privacy. If you're recording in a place where your neighbor can be seen or heard, it's generally allowed provided there's no reasonable expectation of privacy. Any other questions?
Is there a reasonable expectation of privacy knowing that she lives next to a * story house?
The concept of "reasonable expectation of privacy" can be complex and often depends on specific circumstances. Generally, if your neighbor is in their backyard, they may have a reasonable expectation of privacy. However, if they are engaging in activities visible from a two-story house, this expectation might be less clear. Always seek specific legal advice.