Can my phone call be used as evidence in the jury trial? 6 Answers as of June 11, 2013

Can my call to the police station reporting my suspicions about neighbor and a possible car theft be used as evidence in a jury trial? I asked to be anonymous when I called the police with the tip, so can the call records hold me as a witness if this neighbor ends up in trial for a similar related charge?

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Maybe. Did some one record the call? If it was not at jail or as a result of an authorized wiretap, probably not.
Answer Applies to: California
Replied: 3/30/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Yes, you can be subpoenaed as a witness. You can ignore the subpoena, although the DA will threaten you with contempt if you do. This may or may not actually result in anything. It simply depends on how crucial your call is as evidence. If there is other evidence then they will probably let you off the hook since you are an unwilling witnesss. Hiring an attorney would help you in dealing with the DA.
Answer Applies to: California
Replied: 3/30/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Youll ultimately get the answer to that from the judge at the trial if you contest its use by filing an appropriate objection and motion. But, if your motive is to prevent the defendant from learning of the phone call, it sounds like it may already be too late. You should talk to the police and/or the DA on the case to see what their position is on using it. You can then make your decision on what to do. If you are serious about hiring counsel to help you in this, feel free to contact me.
Answer Applies to: California
Replied: 3/30/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes, your phone call to the police can be used as evidence.
Answer Applies to: California
Replied: 3/30/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Possibly. There is an hearsay exception for exitced utterances. However, the US Supreme Court has rule that the content that comes in under this hearsay exception cannot be "testimonial." If it is, then the defendant has the 6th Amendment right to cross examine the person who uttered the words (you). If that's the case, it cannot come in, because the hearsay was uttered by an anonymous person.
Answer Applies to: California
Replied: 3/29/2011
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