My son is being held in Santa Rosa, Ca.jail on 266(h)(a) and 236.1(a) he has been in jail for 4mths and he is just being held on

Asked over 1 year ago - Antioch, CA

hearsay what officers testified to what girl said at what point can pd ask for dismissal because they have no victim can the pd ask for dismissal on the grounds of lack of evidence

Attorney answers (3)

  1. Kelvin P. Green

    Contributor Level 19

    Answered . First he is charged with human trafficking and pimping for prostitution. These are serious charges.

    If they have held him for four months, it seems like there is probable cause.

    I am confused, you claim there is no victim but the police testified to what a girl said. Sounds like a victim to me on what you put down...

    I guess I wonder how you know there is a lack of evidence. Unless you have seen the case, you may not really know.

    Hearsay is admissible...

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more
  2. Bobby Glenn Bell

    Contributor Level 8

    Answered . In felony cases the first hearing where the D.A. has to present evidence is the preliminary hearing. The alleged vicitm does not need to testify at that hearing, the D.A. can rely on hearsay evidence through a police officer's testimony. If the case goes beyond preliminary the hearing the next step is jury trial. If the D.A. fails to prove the prosecution's case beyond a reasonable doubt at a jury trial the defense attorney can ask the court to dismiss the case.

  3. Nicholas Maurice Rosenberg

    Contributor Level 14

    Answered . I agree. At the preliminary hearing stage, one layer of hearsay is permitted and the officer can say what the alleged victim said. At trial you would need the actual victim to come testify subject to some exceptions. I also agree that this is a serious case and hope that the public defender is explaining things to you so you know what is going on in the case.

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