March 28, 2009 By Wallin & Klarich

You’re charged with a crime. Does a victim identification always have to be confirmed in court? The answer is not always. In California one of the exceptions is in California Evidence Code 1240. It allows some out of court statements of a witness where the statement was made spontaneously, while the declarant was under the stress of excitement caused by such perception.

The recent case of People v. Stamphill is a good example of how low a court can go. In that case the statements were made some 30 minutes after the incident (a battery) when the public were asking questions. The victim was not excited, but was upset and breathing heavily. It took the victim 15 seconds to identify the suspect. The court still allowed the statements and identification into evidence when the victim was not personally in court.

Wallin & Klarich has over 30 years of experience and is here to give you the help you need in resolving your criminal case. We have top California criminal defense attorneys standing by 24 hours a day 7 days a week. Just call 1-888-280-6839 to speak to an attorney and find out how Wallin & Klarich can help you. Also visit us online at

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