Legal Question in Criminal Law in California

court systems

Does the arresting police officer have to be present at the priliminary hearing?


Asked on 8/07/08, 5:08 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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.

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Answered on 8/07/08, 5:12 pm
Daniel J. Mangan III JuryTrialJustice

Re: court systems

Simple answer is no. DA can call who they like and the A/O need not be one of them.

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Answered on 8/07/08, 5:38 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

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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Answered on 8/08/08, 1:27 am


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