Legal Question in Criminal Law in Colorado

K basically I applied 4 this job @ a hospital and found out I had a warrant I didn't know about. I had a no contact order violation from my ex. She said I txt her and a cop said he saw the message and she said it was from me but she didn't save it. And the cop didn't save it either plus it was 2yrs ago. I've been going to court evry month since July. It's a misdemeanor but it's costing me a job I want. I want to know if that's "hear say"


Asked on 1/11/12, 8:23 am

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

hearsay is an out of court statement offered into evidence for the truth of the matter asserted

it is possible that the text is an act, not a statement and therefore not hearsay - the text is not being offered for the truth of the text, but the act of sending it to a protected person

also, statements of the accused, offered by the prosecution, are not hearsay if they are a statement against interest

the real question in this case is whether you sent the text, not what it said - proof of that is the real issue - there are programs that can mimic your cell number on a text - also, someone else could send the text from your phone without your knowledge - whether a jury will find proof beyond a reasonable doubt that you send the text will be the issue

go to trial

Read more
Answered on 1/11/12, 8:36 am


Related Questions & Answers

More Criminal Law questions and answers in Colorado