Okay, I see. My apologies. I think we misunderstood each other.
for hearsay rules. Also, see here
She is claiming that it is hearsay. However, you can claim that it is not. It all depends on these rules. The JUDGE decides, not the DA. So her simply stating it so does not automatically make it so, although I have a feeling that she is likely correct based on what you are telling me...
One can still attempt to utilize the evidence, but, the DA may object, and then, the Court would rule on this matter (whether the DA brings this up at a hearing prior to trial, or, at trial, once one attempts to introduce the evidence).
One should use severe caution here. Representing one's self in a criminal matter is - for the lack of a better word - dangerous
. While the Assistant District Attorney (ADA, DA, etc) in this case is a professional and will not engage in any questionable behavior, understand that they are also a highly skilled attorney whose job it is to prosecute
. As such, going pro se
(i.e. without counsel) puts a Defendant at a severe disadvantage. Please consider retaining counsel.
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