Important legal question, Please help!?

Question

Ok, my question is.. How can someone press charges on something and obtain a warrant when there is no burden of proof? Someone is accusing us of breaking into our own home, saying we planted contraband in the home and stole 25k worth of airloom jewelrey. However, we were escorted into the home with 2 deputies. Does the plantiff have to prove that he himself didn't do this, and how do I prove we didn't?

Answer 1

You have to give at least 24 hours notice to a renter before entering their home, but if you had the deputies with you, you should be covered.

Btw, the burden of proof is on the accuser, not the accused.  The above person was wrong.

Answer 2

To be honest with you its ur word against the tenant.  I went through the same thing with the tenant.  She filed a restraining order on my and my fiance and we went ot court she lied about all the things and the judge didn't want to hear us.  So she got her restraining order even with no proof.  She had no proof that we were harassing her.  So get a lawyer and get all evidence on the tenant.  Sorry to hear that there are people that will do this to other people that are being nice to them.   I think that your tenant just wants to stay there longer with no rent paid.  What you should do to get this tenant out is give them a 3 day to pay or quit.  That mean they have 3 days to pay rent, if they don't pay than go to court and file a unlawful detainer. I think that you should fight with all you got.  That's what I did but the laws are so f**ked up that homeowners have no rights.  NONE........Don't worry KARMA is a Bi*th ad they will get whats coming to them.  

Good luck..  

Answer 3

Anyone can say or accuse you of anything.  Have any criminal charges been filed against you?   Has a law suit been filed against you?  Until there are, such accusations are just "sound and fury, signifying nothing!"

Answer 4

I'm not sure what the situation is but this must not be just your home and I would think that if it is on paper your home the case will never see a court room it will be thrown out. The burden of proof is on you the accused not him the accuser.

Answer 5

This Q is very complex. First why would anyone want to break into their own home, they would have a key to enter?

If the goods were in that home, and all was legal the person would have receipts, or other forms of ownership, therefore there would be no case to answer. In this case then the accuser would have to prove that a felony had been committed.

On the other hand if the stuff was put in the home by another person, and the locks had been changed causing you to break into your own   home then i am not quite sure how you stand.