Does Hearsay Count as Evidence in California Pretrial Hearings?
During the preliminary hearing, the prosecutor can present available documents, witnesses and other evidence to the court. For pretrial hearings, a qualified police officer can present hearsay statements in court.
Since 1990, in California, the rules of evidence for a preliminary hearing are different from those in a jury trial. As the result of Proposition 115, hearsay (out of court statements) is permitted if presented by a qualified police officer. This is known as a “115 prelim” and means that the actual victim does not have to testify.
Proposition 115 also limited what, if any, defense you may put on at a preliminary hearing. The defense must make a showing that the proposed evidence will provide a defense to some element of the charge. Like most legal processes, it can be rather complicated.
With the complexity of how evidence works, it’s best to have a competent Gold Rive criminal defense attorney to help you. Call us now to hire the best legal representation in the area.