Legal Question in Criminal Law in Ohio
911 call
I had a question..I called 911 to tell on my husband 10 minutes after we had an argument. During this time I had gone to my sister who was sitting upstairs to cool down , and then I was angry at my husband all over again and came down picked up the phone and threatened to call 911. My husband kept on challenging me to do so, and I finally did it. I was very calm while talking to the operator, so much so that in the end, when she asked me if she should stay on the line with me I told her ''no, Im fine'' which I said very reassuringly. anyone who hears this call can see how calm I was.
My question is, that can my husbands lawyer get this call excluded from trial, either it being under ''testimonial'' or NOT AN ''excited utterance''
1 Answer from Attorneys
Re: 911 call
The prosecutor will be able to keep it in based to establish the reason for the charges. While it is an out of court statement and is hearsay, but it can come in under a number of the exceptions to the hearsay rule.
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