What must the prosecutor prove to admit evidence at trial?

Jay Leiderman
By: Jay Leiderman
April 12 2016

THE PROSECUTION HAS THE BURDEN OF PROVING THE EXISTENCE OF PRELIMINARY FACTS, INCLUDING THE AUTHENTICITY OF WRITINGS IT PROFFERS.

California Evidence Code section 403 states that the proponent of a proffered piece of evidence has the burden of producing evidence as to the existence of preliminary facts when the relevancy or authenticity of those facts is disputed.  The evidence is inadmissible unless there is sufficient evidence to sustain a finding of the existence of the preliminary facts whenever the relevance of the proffered evidence depends on the existence of a preliminary fact, or the preliminary fact is the authenticity of a writing or the proffered evidence is of a statement or other conduct of a particular person and the preliminary fact is whether that person made the statement or so conducted himself.  (Cal. Evid. Code § 403(a).)

 

 

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At Jay Leiderman Law, we have proven results over years of practice, and we are uniquely qualified to represent you in your time of need. We are situated in Ventura, California but we handle cases throughout the state. We have the expertise, experience and skill to handle numerous types of legal matters.  Jay Leiderman is one of only a few CERTIFIED CRIMINAL LAW SPECIALISTS in the area.  He handles every kind of criminal law case. He is famous for defending medical marijuana cases and computer hacking cases, though the bulk of his practice is a generous mix of those cases plus serious felonies and misdemeanors.  Read more at his Wikipedia page: https://en.wikipedia.org/wiki/Jay_Leiderman or his homepage www.jayleiderman.com

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Jay Leiderman being interviewed for a movie in his Ventura County, California Office

This post does not create an attorney-client relationship and does not constitute legal advice.  Moreover, the law changes over time.  Always consult an attorney before determining what motion s to file and what the current law is as to any particular topic.

Criminal defense attorney and author Jay Leiderman, a California State Bar Certified Criminal Law Specialist can be contacted through the contact page of this website: https://www.jayleiderman.com/contact/

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