Legal Question in Criminal Law in Texas
I have a friend that is in county jail on Assaul of a family member with prior conviction 3rd degree Felony. I know the person who is accusing him of assault is running from the police currently. If they do not produce her for trial to be questioned by his lawyer, does not mean they have to drop the charges?
Asked on 6/14/11, 10:28 am
1 Answer from Attorneys
Cynthia Henley
Cynthia Henley, Lawyer
No necessarily. In some instances, hearsay statements made by the complainant in a case can be admissible, and can be admitted via a 911 call and / or statements to police officers or others. If the statement qualifies as an excited utterance, then it is deemed not hearsay and thus admissible.
Answered on 6/14/11, 12:34 pm
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