Affidavit Hearsay - Camera Ticket Appeal

[wizard8080]

California:

I want to appeal my trial for a left turn on red, photo enforced.

I was turned in via affidavit, and the officer used the affidavit in court. I objected stating hearsay. Judge said yes it was hearsay, and she could subpoena the witness and continue at a later date. She asked me if I wanted to have the witness subpoenaed so that I could cross-examine to which I replied I thought it would be a tremendous waste of peoples' time, and that I preferred not to have to come back again.

The photo is extremely blurry and cannot make out the gender, race, hair or eye color. Judge said the photo "resembled" me. Found guilty.

I want to appeal because the judge appeared to allow the affidavit which I objected to. Even though she asked if I wanted to subpoena the witness, ultimately it was her decision not to. The officer did not say he wanted to subpoena the witness and the burden of proof is on him, not me the defendant. Photo by itself seems to me clearly reasonable doubt. Any idea what my chances are?

 

[JIMinCA]

First of all.... you really screwed up by not continuing your objection. That judge bullied you and you let him. Your objection should be that you are allowed to face your accuser and that the prosecution had opportunity to present witnesses. If the prosecution chose to not be prepared for its case, you should NOT be punished because of it. What you did was waive your rights to face your accuser.

I would certainly appeal. It doesn't cost anything. I would raise the issue of not facing your accuser and I would argue that "resemles" does NOT meet the definition of "beyond a reasonable doubt".

The only thing worse than the fact you got screwed is the fact that you allowed yourself to get screwed. Appeal the case and try to unscrew it.

With that said, there are lots of hurdles to jump in an appeal. Make sure you understand what is required at each step.

California:

I want to appeal my trial for a left turn on red, photo enforced.

I was turned in via affidavit, and the officer used the affidavit in court. I objected stating hearsay. Judge said yes it was hearsay, and she could subpoena the witness and continue at a later date. She asked me if I wanted to have the witness subpoenaed so that I could cross-examine to which I replied I thought it would be a tremendous waste of peoples' time, and that I preferred not to have to come back again.

The photo is extremely blurry and cannot make out the gender, race, hair or eye color. Judge said the photo "resembled" me. Found guilty.

I want to appeal because the judge appeared to allow the affidavit which I objected to. Even though she asked if I wanted to subpoena the witness, ultimately it was her decision not to. The officer did not say he wanted to subpoena the witness and the burden of proof is on him, not me the defendant. Photo by itself seems to me clearly reasonable doubt. Any idea what my chances are?

 

[You Are Guilty]

First of all.... you really screwed up by not continuing your objection. That judge bullied you and you let him. Your objection should be that you are allowed to face your accuser and that the prosecution had opportunity to present witnesses. If the prosecution chose to not be prepared for its case, you should NOT be punished because of it. What you did was waive your rights to face your accuser.

I would certainly appeal. It doesn't cost anything. I would raise the issue of not facing your accuser and I would argue that "resemles" does NOT meet the definition of "beyond a reasonable doubt".

The only thing worse than the fact you got screwed is the fact that you allowed yourself to get screwed. Appeal the case and try to unscrew it.

With that said, there are lots of hurdles to jump in an appeal. Make sure you understand what is required at each step.

What Jim is saying is that by not sticking to your guns to make the witness appear (which, incidentally, would not have been your burden - the state needs to subpoena their witness, not you), you waived your objection. Hearsay is only inadmissible when you object, and maintain your objection.

Go for the appeal as you have nothing to lose at this point, but don't expect miracles.