How Can a Defense Lawyer Prove an Allegation is False? Combs Waterkotte attorneys Christopher Combs and Joshua Boardman discuss everything you need to know about Illinois sex crime charges, including sexual assault, sexual abuse, rape, and more.
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Interview Transcript
Scott Michael Dunn: What’s it look like when you prove an allegation of a sex crime is false? What’s that look like for an attorney?
Joshua Boardman: Well, you don’t have and I say you the defendant does not have the burden to prove anything. That’s always going to be the state’s burden. But that does not mean that we’re not able to provide voracious defense based on whatever is alleged. So to answer your question, what that looks like is if we have worked the case up diligently enough and thoroughly enough to where the evidence that we’ve acquired on our own side of the fence, completely refutes the allegations, whether that be through witness statements, timelines that don’t match up, alibis-
Christopher Combs: Text messages.
Boardman: Text messages, acknowledgement of… you know sometimes that looks like the alleged victim or witness going in and recanting their statement. All of those things to answer your question, what dismissal looks like or what defense looks like is when we have been able to present those things whether by themselves or kind of a combination of all those things and take that to the state’s attorney and they go we’re not taking this case to trial based on those events.
Dunn: Well, that’s what makes a big difference. Providing that defense for someone falsely accused or allegedly accused of any crime really.
Boardman: Certainly.
Dunn: This is a difficult subject. And I’m grateful that you guys took the time to come over and have an in-depth conversation because I think most people aren’t aware what goes into the diligence that goes into protecting, defending, supporting, and caring for your clients. And I think that’s one of the greatest traits of your firm.
