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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1355
Experience:  Experienced Criminal Trial Attorney since 1998.
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I HAVE A CRIMINAL MISDERMEANOR CASE, MY QUESTION IS, (1)POLICE

Resolved Question:

I HAVE A CRIMINAL MISDERMEANOR CASE, MY QUESTION IS,
(1)POLICE REPORT WAS MISSING SOME STATEMENTS THAT WERE SAID BY DEFENDENTS BROTHER TO OFFICER BT NOT REPORTED ON FILE.
(2)THE STATEMENTS THAT DEF BROTHER MADE TO OFFICER AT THE TIME WERE THE STATEMENTS THAT OFFICER TOLD DEFENDENT .IF STATEMENTS FROM BROTHER WERE SAID DEF IN QUESTION WAS FREE TO GO .
(3)DEFENDENT WAS STILL BOOKED AND CHARGED AFTER RELEASE FROM BAIL ,DEF OBTAINED POLICE REPORT AND THE 2 IMPORTANT STAMENTS MADE BY DEF BROTHER WERE NOT INCLUDED.
(4)DEFEND BROTHER READ REPORT TOLD DEFEND THAT HE SAID THE STATMENTS THAT WERE NOT LOGGED AND ALSO HAS SIGNED AN AFFIDAVIT AS A STATMENT ON WHAT WAS SAID. SO MY QESTION IS MY BROTHER LIVES OT OF STATE HE CAN NOT GO TO TRIAL I HAVE HIS STATEMENTS I UNDERSTAND DISCOVERY BUT WE MYSELF AND ATTORNEY ARE GOING TO TRIAL IF THE POLICE OFFICER IS ASKED DID DEF BROTHER SAY THIS STATEMENT THE POLICE OFFICER SAYS YES THEN MY ATTORNEY CAN SAY WHY DID THE COP NOT PT THIS IN THE REPORT WILL MY BROTHERS STATMENT HOLD P IN CORT
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Legal-Guru replied 3 years ago.
No, those statements, whether in the police report or not in the police report, would be hearsay and not admissible to prove that what your brother said was true.

An affidavit does not help you either because an affidavit cannot be cross-examined. Just like the state cannot present witness testimony against you through affidavits, neither can you.

Your brother will have to appear in court, testify, and be subject to cross-examination in order for his statements to be admissible.

Sorry that I did not have better news, but I assume you want an accurate answer not a feel good one. Best of luck to you.
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1355
Experience: Experienced Criminal Trial Attorney since 1998.
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