Legal Question in Criminal Law in California

My husband is going to court with his ex and her mom! They made a false police report on Apr 8th 2009 they saw he waved a firearm in a threatening manner!! Which is did nothing of the sort he even has witnesses even though they are his family they watched the whole thing and he is just now going to court over it. We are wondering if we should have people write character witness statements and we are going to try and get his ex's phone recorders subpoena to show she was harassing us even after the police report was made please help us we are so stumped!!


Asked on 3/16/10, 8:01 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Written statements generally will not be admissible, since there would be no way for the other side to cross-examine the authors. You can bring the witnesses to court and have them testify in person, but be careful -- character evidence generally isn't admissible, but if the judge lets your husband present evidence of his good character she will also let the petitioners present evidence to the contrary. Depending upon your husband's background (or even what merely seems to be in his background), that strategy might backfire in a big way.

Your husband should get a lawyer if at all possible.

Good luck.

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Answered on 3/21/10, 8:25 pm


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