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Child hearsay in a VOP admissible?

Fort Lauderdale, FL |

Placed on Misd. probation in Dade county for 90 days. Arrested for throwing a ball that struck a seven year old child(no injury caused). I was not trying to hit him. The grandmother freaked out and I was arrested. Charges were dropped but I face a VOP. I know hearsay is normally admissible but do the requirements of the child hearsay exception, Statute 90.803(23), have to be met in order for the hearsay to be used.

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Attorney answers 3

Posted

Hearsay is admissible in a VOP hearing. However, it cannot form the entire basis of an alleged VOP. As such, the "child hearsay" that you refer to may be introduced as a hearsay statement or the state may establish a predicate which will allow it's introduction because it qualifies as an exception to the general hearsay rule. The statute that you refer to establishes the predicate for the introduction of a child hearsay. If that predicate is established, then the court will permit the introduction of the child hearsay because it has been proven that it qualifies as an exception to the general exclusion of hearsay.

I hope this helps.

Posted

Yes it is admissible if the state can lay the predicate contained in the statute that you cite. Hearsy is always admissible in vop evidentiary hearings.

Asker

Posted

Thank you Mr. Tsourakis. Will the state have to hold a hearing to lay or establish that predicate stated in the statute or provide notice that they intend to use child hearsy?

Posted

VOP's have lax rules of evidence. Hearsay, child or not, is always admissible but it cannot be the sole basis for a violation - it must be corroborated by some other form of admissible evidence. (Admissible hearsay is but one of the reasons that probation is a dangerous alternative.)

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