Legal Question in Criminal Law in California
court systems
Does the arresting police officer have to be present at the priliminary hearing?
3 Answers from Attorneys
Re: court systems
Only if he is a key witness to the crime or to some other important event. If all he did was make an arrest his testimony is probably not important.
Re: court systems
Simple answer is no. DA can call who they like and the A/O need not be one of them.
Re: court systems
Theoretically, no. Practically speaking, they might need him or her. The prosecution will need testimony from a cop who took statements from victims and witnesses in order to make such statements admissible at prelim, IF, for whatever reason, the victims or witnesses are not there themselves to testify. Usually, but not always, it is the arresting officer who obtained the first-hand statements and who might be the only cop who can testify.
At your service,
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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