Sold - The Trial

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Book Four of the Sold Series - Book 1 Sold on You, Book 2 Sold my Soul, Book 3 Sold on Love Fighting for Freedom, can Benji do it? Will Stephen and Trinity's love prevail? ** Very Mature Sexual Content ** ** This is my original works, originally published on Chapters as part of the Summer Extravaganza Writing Contest. Any attempts to recreate it will be reported (unfortunately with the amount of stories that are being copyright lately it is sad we now have to put these disclaimers on our works to protect us writers) **

Erotica / Thriller
Luci Fer
4.8 12 reviews
Age Rating:

Chapter One - Benji’s POV

When you are arrested, a specific series of events follows. The police must follow certain legal procedures during and after the actual arrest process in order to comply with your legal and constitutional rights

An arrest occurs when the police take you into custody and is complete the moment you, as the suspect, are no longer free to walk away from the arresting officer

Once you're arrested and booked, your case is provided to the appropriate prosecutor's office where an independent decision is made as to what charges should be filed, if any

You have the right to a speedy trial, which usually means that the prosecutor must file any charges within 72 hours (48 hours in some states). A prosecutor is not bound by the initial charge decision and can later change the crimes charged once more evidence is obtained

Next is the arraignment. At this point, the charges against you are read in court and you'll be asked whether you plead guilty or not guilty. You may be able to get out of jail after your arrest and before trial by posting bail

During this process, you pay money to the court to ensure that you'll make future court appearances. If you do, the bail is refunded to you, but if not, the court keeps the money and can issue a warrant for your arrest

And this is exactly what I plan to do

Two days ago some of my best mates were arrested and charged with Murder. A set up of course from our wonderful Chicago PD that we had recently discovered were corrupt

Here I stood following their bail hearing. The biggest shock of it all - DA Carson had chosen not to accept the case brought forward by the CPD this time

Instead she had recused herself from the case on the basis of a potential conflict of interest or lack of impartiality. To say I was a little impressed was an understatement. I had never known Liz to step away from a fight, unless there was something she knew that I didn't yet

The bail hearing of course had gone in our favour as we had sufficient means to post and I was now waiting on my client's to meet me once through booking and released on their own recognisance

The ADA who had been brought in to handle the case tried to argue flight risk, but when you have a flimsy case which lets be honest was currently built on hearsay evidence, and no body, presented against two families with no previous convictions it was always going to be a big stretch of the imagination

Documents can be considered hearsay if they contain statements made out of court (and not under oath) and where they are being used in court to prove the truth of those statements

While there are many exceptions to the general rule prohibiting hearsay, if a document does not meet an exception the court can prevent its admission as evidence

The rule against hearsay is deceptively simple, but it is full of exceptions. At its core, the rule against using hearsay evidence is to prevent out of court, second hand statements from being used as evidence at trial given their potential unreliability

However, there are 23 exceptions in the federal rules that allow for out of court statements to be admitted as evidence even if the person who made them is unavailable to appear in court. However, only a handful of them are regularly used

And of course the ADA chose to use one in this instance

Excited Utterance - hahahaha I knew it was coming

Excited utterance closely related to the present sense impression is the hearsay exception for an excited utterance. The requirements for this exception to apply is that there must have been a startling event and the declarant made the statement while under the excitement or stress of the event

My argument - Were the defendants, or Chad in this instance under any stress in that particular moment of utterance. No! Why? Because they knew the meeting was happening. This was not a shock to them. And we already knew the Detectives were dirty.

The judge had taken it under advisement for mention at a later time when considering the bail application. General, state law follows the rules of evidence as provided in the Federal Rules of Evidence, but not in all cases. The states can and do vary as the exceptions that they recognise, so I believe she wanted to check for precedence before ruling

Not that I was too worried anyway, I always had an ace up my sleeve. In the event the hearsay exception was applied by the judge, I would simply argue the Catchall Exception to the rule against Hearsay. It provides that evidence of a hearsay statement not included in one of the other exceptions may nevertheless be admitted if it meets the following conditions -

1. It has sound guarantees of trustworthiness

2. It is offered to help prove a material fact

3. It is more probative than other equivalent and reasonably obtainable evidence

4. Its admission would forward the cause of justice

5. The other parties have been notified that it will be offered into evidence

If accepted I would then argue the sound guarantees of trustworthiness of Chad's statement prior to his death when it was clearly implied by Detective Peters in the recording that Chad had affiliations with them, and they had been arrested and documented as being corrupt

That being said, if they decided to use any of them, and the court admits hearsay evidence under one of the exceptions, then the credibility of the person offering the statement may be attacked

This attack must be supported by admissible evidence, but can not be prior inconsistent statement, bias or some other evidence that would show that the declarant has a reason to lie or not to remember accurately. All of which I can argue, prove and factualise

So with that said, there is only one thing left to do - Go collect my clients, get the fuck out of here and get ready to enter the Main Event!

I head over to see where one of my best mates Stephen is standing and I soon see his eyes light up. I then see his wife heading towards him

Stephen - Hi

Trinity - Hi

They smile at each other with more love than any two people I have ever known. In that moment, I know exactly what I am fighting for. . .

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