Legal Question in Criminal Law in California

Re: hearsay

Concerning an arrest it depends if the crime charged is a felony or midemeanor. If the crime charged is a felony then the officer needs a reasonable belief the person arrested committed the crime - like a witness tells him that. If the crime charged is a misdemeanor then the crime must be committed in the presence of the person making the arrest.

But merely to charge a crime, and for the D. A. to file the complaint they need a witness or some other evidence.

And by the way almost every crime is a felony. That's why California has what is known as 'wobblers.' The arrest is done as a felony and then the D. A. drops it to a misdemeanor when it is filed.

However these he said she said crimes are tough to prosecute. The D. A. will try to have you plead to some small crime. You need to talk to an attorney because to defend against the charge and go through with a trial is very expensive. And the D. A. will make an offer that is very attractive. You'll want the charge dropped and the D. A. can force an expensive trial on you.

However you look at it, your old dog is going to cost you a lot of bucks.