How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26933
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

Say a person writes "refer to police report #xxxx" on their

Resolved Question:

Say a person writes "refer to police report #xxxx" on their summons/citations for a civil hearing. This reference provides the court with the relevant evidence and information from the criminal case without the appiant having to write out pages and pages on the summons itself. So then at the hearing no direct mention is made as to items contained in that police report; however going in to the hearing much has been assumed and known already what with the Court having read the report itself. Now say testimony had been given in that police report but which of course was made to an officer, whose office does not equate such testimony to "in an official proceeding" status. This testimony would however then at the hearing be referenced in the summons by the words "refer to police report #xxxx". Upon this reference would these testimonies be granted the status of "in an official proceeding" even though they were originally made to an officer, not a judge?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Are you talking about for purposes of hearsay and an exception to the rule?

Customer:

I guess I should have explained the situation a bit better. This was a permanent restraining order hearing. The original temp. restraining order had been issued coincident with an arrest. The Plaintiff in her summons referenced the police report for this arrest. Without the police report she would have had only hearsay and so the report validated the hearing. At the hearing evidence from the police report was used but as if independently. The criminal case was eventually dismissed. In that police report were some false testimonies made to the police by the Plaintiff/alleged victim. False statements were made by the Plaintiff also at the hearing, some which contradicted the claims made to the police. Anyway in the state of Colorado the SOL for perjury is three years if in an official proceeding, and one year if not in an official proceeding. The statements made in the police report were not in an official proceeding however they would be referenced (albeit indirectly) at the hearing, which was an official proceeding. Would these misstatements to the police be upon this reference "in an official proceeding"?

JD 1992 :

I've never seen the issue raised before and a quick look didn;t show any case law on the topic.

JD 1992 :

Can you provide the exact language used when it referenced the police report?

Customer:

In the citation, the plaintiff wrote: "please refer to Police Report for criminal offense, hearing case #XXXXX" At the hearsay itself the Defendant's lawyer would notice that the police report in question hadn't actually been attached to the citation, only referenced in this manner.

JD 1992 :

In my opinion, I don't think that would meet the requirement.

JD 1992 :

If it has referenced the specific testimony that was false then it would, but the fact that it was a vague reference probably prevents it from meeting the statute.

Customer:

Okay. That makes sense. Thanks for your help.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26933
Experience: Began practicing law in 1992
Dwayne B. and 11 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 12 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions