Results 1 to 2 of 2
  1. #1
    Join Date
    Jan 2006
    Location
    West Virginia
    Posts
    36

    Default Hearsay at a Domestic Violence Trial

    I had a few questions..I am not going to testify at my husbands trial for domestic battery, so I wanted to know about excited utterances:

    1.
    If I wasnt crying when the police came in (I had cried 15 minutes before but was not now) and quietly let them in, police officer asks me to sit down and I remain quiet until he tells me to tell him what happened, after which I do start getting excited and start crying..would my hearsay statement qualify?

    2.
    Also I missed to write down something I had mentioned orally to the officer and then he told me I had missed that and told me to write it down, can that reject excited utterances?

    3.
    If there are 2 witnesses living in the same house (my sister) isnt it obvious that both witnesses get a chance to talk to one another before police come (15 min) cant a defense lawyer argue about reliability and reflection ?

    4.
    Police tend to exxagerate about witnesses demeanor, how can a defense lawyer counter that to exclude statements from coming in?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    Your husband's lawyer can evaluate the facts of the case and of your statements to the lawyer, and evaluate whether some of your statements might get into evidence.

    1. Sponsored Links
       

Similar Threads

  1. Trials: Hearsay in a Trial
    By NCC 1701 in forum Criminal Procedure
    Replies: 4
    Last Post: 06-03-2010, 11:58 PM
  2. Restraining Order and Domestic Violence Bench Trial
    By darton1wr in forum Orders of Protection
    Replies: 1
    Last Post: 05-14-2009, 08:43 AM
  3. Domestic Violence: Advice for Domestic Violence Trial
    By iaa135 in forum Criminal Charges
    Replies: 15
    Last Post: 09-30-2008, 01:02 PM
  4. Assault & Battery: Domestic Violence
    By mattcw31 in forum Criminal Charges
    Replies: 4
    Last Post: 03-05-2008, 10:46 PM
  5. Domestic Violence: Pre-trial diversion for domestic assault and domestic aggravated assault
    By mskitch in forum Criminal Charges
    Replies: 1
    Last Post: 01-07-2007, 05:28 AM
 
 
Sponsored Links

Legal Help, Information and Resources