Found an issue on this page? Let us know and we will look into it as soon as possible.
If a key witness for the State in my DUI Jury trial cannot be there for personal reasons, can the 911 calls be used in court?
Anonymous2 views4 answers
The witness made the calls, I read somewhere that if the person on the phone making the call is not present the tapes are not admissable. The state has made me a very reasonable offer besides the fact that i will have to deal with a conviction, which I am not willing to accept. I think they are scared to take it to trial without her. My question is can they use theses tapes?
George Chadwell Creal Jr.DUI / DWI AttorneyAtlanta, GA ·
If the 911 tape is describing a crime as it occurs it is admissible. If the 911 tape is describing a crime that has occurred in the past it is inadmissible. This kind of issue was addressed by the U.S. Supreme Court in Crawford v. Washington and has been interpreted by the Georgia Appellate Court since. There are may very subtle variations that could lead to the exclusion of the 911 tape. You should either hire an attorney or consult with the attorney that is representing you about this matter. You have virtually no chance of doing this on your own.
The other attorneys on here are all right. The only thing I would add is that, if the State feels they really need her, they may ask the Judge for a continuance until she is able to be there. As this is a lay witness, the Judge may be inclined to grant the State's request.
