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Affidavits --- such as from the alarm company --- are not admissible at trial as testimony because they're not subject to cross examination, meaning that the prosecutor cannot ask questions of the person who made the affidavit if they're not present in court. Thus, a statement from the alarm company isn't likely to be admissible.
However, if you have a report of the incident/call that shows you were contacted, etc., that should be admissible AND you can testify about what you have personal knowledge of. So, that would prove that you were contacted by the alarm company and told that there was a potential break in --- and not that it was just a sensor.
It would be unlikely that you could subpoena someone to appear in person from the alarm company (unless it is local -- in the state) to testify live. If you could, that would certainly help though.
It may be more trouble than it's worth.......depending on the fine.......but it really surprises me that the prosecutor and judge were so perturbed by this in the first place. I'm the prosecutor in my home county, and something like that wouldn't be a big issue in my court unless it had occurred multiple times.
If this matter has been set for trial, and if you don't believe the prosecutor and judge are going to let this go as a simple misunderstanding, then you should definitely try to get a transcript of the phone call to prove that you were alerted and that the alarm company prompted or encouraged you to call the authorities..........Also, you may want to consult a local lawyer in your area to review this and speak with the prosecutor and possibly try to reach a deal to keep this from becoming a bigger issue than it needs to be.
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