6 replies to this topic

[demaster]

okay so P.Rep.not admissible what about pinging of cell towers that the arresting officer stated on record that he himself pinged towers from a manual metro sent him so is the report still inadmiss.????

[LegalwriterOne]

Police reports aren't admissible because they are hearsay. The officer will testify as to what he did. If that included pinging a cell tower, that testimony is admissible.

[demaster]

he stated at prelim that he pinged towers using a manual that **** sent him i have the ping tracking in police report signed by officer who pinged

Edited by FindLaw_AHK, 11 March 2013 - 01:08 PM.
This post has been edited to remove personal or identifying information. -Moderator

[demaster]

have another Q.if your attorney tells u to plea because DDA will seek a max sentence if you goto trial is that coerced 2.if you file a comp.against DA office Prior to continued hearings is that a cause for change in venue

[Tax_Counsel]

he stated at prelim that he pinged towers using a manual that metro pcs sent him i have the ping tracking in police report signed by officer who pinged

The police report is still hearsay and not admissible. You need the officer to testify as to what he did in pinging the cell towers. If the officer testifies differently than what he put in the police report, you may use the report to impeach his credibility. But that's pretty much the only use you can make of the report.

[Tax_Counsel]

have another Q.if your attorney tells u to plea because DDA will seek a max sentence if you goto trial is that coerced 2.if you file a comp.against DA office Prior to continued hearings is that a cause for change in venue

1. No. The attorney is simply giving you his/her recommendation on taking the plea. If the DA will likely the maximum sentence that’s certainly a factor to consider in whether to take the plea agreement. The defendant always retains the choice whether to take the deal or not. But the defendant needs to know what the possible risks are in going to trial, and the attorney is obligated to point that out to the defendant.

2. No. The fact that you file a complaint against the DA doesn't prejudice your right to a fair trial. You are the defendant; the DA is already out to get you convicted. Filing a complaint against him/her doesn’t alter that. Moreover, a change of venue doesn't mean that a different DA gets appointed. It simply means that you’d have a different judge and the jury would be drawn from a different community. None of those changes would have anything to do with a complaint to the DA. In other words, why should you get a different judge and a different jury just because your problem is with the DA?

[demaster]

^{the complaint was filed because the witness picked wrong person from lineup then pointed the guy out at prelim then witness stated th DDA told her who he was and thats why she could now id him the DDA withdrew from case at next hearing and had witnesses testamony striken from record}