Legal Question in Criminal Law in California

Re: DNA Results

Thanks for your posting.

Sounds like you might have more issues going on than just your questions. Although the general rule is 4-6 weeks, it truly depends on how backed up the labs are and what priority they give the sample request.

Yes, there is a "hearsay" law. The definition of hearsay evidence, according to Black's Law Dictionary. 5th Edition is: "Hearsay evidence is testimony in court of a statement made out of court, the statement being offered as an assertion to show the truth of matters asserted therein, and thus resting for its value upon the credibility of the out-of-court asserter. Evidence not proceeding from the personal knowledge of the witness, but from the mere repetition of what he has heard others say. That which does not derive its value solely from the credit of the witness, but rests mainly on the veracity and competency of other persons. The very nature of the evidence shows its weakness, and it is admitted only in specified cases from necessity. "

Thanks again, and if you have any other questions or need more information, please feel free to call me at 1-877-568-2977 (toll free) or email me, and I'll help in any way that I can.

Robert Miller, Attorney at Law

Re: DNA Results

The DNA test results should take two to six weeks. There are several factors, and criminal cases should take priority over civil cases.

Heresay is an out of court statement by a person not in court that is being testified to by the witness (entered into the record as a true statement of fact). Thus depriving the parties in court the opportunity to cross-examine the person making the out of court statement. There are numerous exceptions to the heresay rule. Such as a dying person's declaration. Heresay is admissable in administrative hearings before DMV, Social Security, NTSB, etc.