Legal Question in Criminal Law in Florida

Excited Utterances... Can it be used?

My wife called 911 after we got involved in a domestic dispute. Even though she was the primary aggressor, police charged me with misdemeanor battery. It took approximately 15 minutes for the police to arrive after the call. My wife's sister was a partial witness to the events. During the 15 minutes, I remained downstairs in the living room while my wife went upstairs to discuss with her sister what was to be said to the police. The police asked her to sit down and tell them what happened. Initially she wasnt crying but did later on as she told her side of the story. In this case, can ''excited utterances'' made to police upon arrival be deemed unreliable and inadmissible in court?


Asked on 2/24/06, 10:55 am

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Excited Utterances... Can it be used?

No thats not an excited utterance although the call to 911 probably is. The officer cannot say what she said,, but your wife can testify in court consistent with what she said to police. Domestic violence is alarge part of my practice, please feel free to call if I can be of service.

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Answered on 2/24/06, 4:22 pm


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