I am to appear in court soon because my ex burnt my diaries (written since 1984) when i split up with him. He's now appearing in court, charged with criminal damage. What bothers me is that the police now have my diaries and, although badly burnt, are still quite legible. I'm worried their content will be brought up for discussion because I haven't lead the most law-abiding life and this might be an excuse for my ex to have burnt them...
2007-09-07 23:53:26 · 6 answers · asked by Sara B 2 in Politics & Government ➔ Law & Ethics
He had been pleading 'not guilty' because he said he couldn't remember doing it-he was drunk at the time...
2007-09-08 00:02:37 · update #1
The police are representing me and I had to hand over my diaries so that the defence lawyer can see them on Monday. It was after this that I rang up and asked whether they'd be read, and the police said they couldn't guarantee they wouldn't be.....
2007-09-08 00:17:17 · update #2
unless they can show relevance for reading them your attorney should be able to object the contents being read.
the only thing that needs to be established to prove he destroyed your property is that the property belonged to you and that he destroyed it. the contents of what he destroyed is not relevant in the case.
Addition: as for the guy who talked about the high class maddams diaries getting read in court. They were on trial and the contents of the diaries were evidence pertinate to the case. In your case he is on trial and I can't see how what is written in the journals would justify him burning them. The defense would have to show the judge solid proof that what was written in the journals would have an effect on the outcome of the trial. Seeing as nothing you could write in the journal would justify his burning them then it is highly unlikley.
2007-09-08 00:00:32 · answer #1 · answered by Anonymous · 1⤊ 0⤋
They will be read. The content will be used in court IF the judge will allow it to be used. The defense lawyer will first motion to request the judge to use the diaries as evidence. You will be notified of that motion. If the judge grants him that, the diaries will be used in court.
Whatever the content, it will not help your ex in any way. Most likely he will be convicted regardless of the reason he burnt those diaries.
2007-09-08 00:36:59 · answer #2 · answered by OC 7 · 0⤊ 0⤋
Unfortunately it can be used in court against you. I donot think this is the reason why you are in court because your X burnt your diaries, maybe something else. If this diary you have mentioned has evidence of your most secret life and would incriminate you whatsoever, then your lawyer should have discussed this before the preliminary of the case at hand and never allowed any part of it to be presented in court.
2007-09-08 00:10:46 · answer #3 · answered by Anonymous · 0⤊ 1⤋
The contents will not be used against you.
Other than to prove that it is your property, they have no relevance to the matter at hand.
The contents themselves are Hearsay, and cannot be used to prove the truth of whatever it is you wrote. You didn't write them under oath, so they have no value at all in a court.
2007-09-08 00:51:24 · answer #4 · answered by open4one 7 · 1⤊ 0⤋
Yes the content of the evidence will surely be used by his defense.
When I was a young man a drug dealer told me that you should never write anything down or say anything on the phone that you would not say to a cops face.
I was once a cop myself but that is still good advice.
2007-09-07 23:59:01 · answer #5 · answered by Anonymous · 0⤊ 0⤋
some of the high class madams that got arrested in the last few years have had there diaries and journals used in court, so you never know. but i don't think you got anything to worry about
2007-09-08 00:02:19 · answer #6 · answered by Anonymous · 0⤊ 0⤋