Virginia  |  Criminal Law

Legal Question

Asked on: 7/30/13, 4:28 am

Harassing neighbor looking from his balcony called the police on my boyfriend when he found a what he though to be a real gun by the trash can. My boyfriend picked up the gun to move it so the neighborhood kid would not find it but then realized that it was a toy gun and didn't. By then it was to late and the neighbor called the cops stating that he brandished the gun at him in an argument. The police did not arrest my boyfriend the first time they came, but came back later and arrested him. Right now it is his word again the neighbor, in which, I am assuming the neighbors word was taking because of the arrest. What does a person have to prove that someone was brandishing (just say they they were)? And, how can you proved that a you were indeed not brandishing? If we get statements from neighbors stating that is not his neighbors character, that they never seen him have problems with the neighbors, etc. would that be relevant?

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