I have xerox copies of business records affidavits (the originals were put into evidence in a SOAH hearing). I know that the copies of the records is fine, but I can't find anything that says a COPY of the affidavit is admissible as an original would be. Anyone know : if the affidavit is complete, do I need to get a duplicate original or can I file the records with the copy?

If you had a suppression hearing using your evidence why not file a motion to substitue a copy so you can withdraw the original for your trial? See Rules of Evidence 902 (10). We use this alot in our MTR cases so we don't have to fly in a chemist from Dallas to prove up dirty UA's.Good luck

Warner:

Our county has numerous probationers who are being revoked and have been reporting in person to another county.

I have typically filed a business records affidavit along with the records from the supervising county to prove up technical violations, admission of alcohol or drug use or the like.

Have the Crawford v. Washington objections started to appear in your Court as to the admission and use of these records in the hearing? It seems to be the new "in vogue" thing here.

Robert DuBoise

Robert, strange that you should ask. Yes just last Friday the Judge sustained an objection with an out of county supervision. Guess we'll have a lot more after the Criminal Defense School next week. What have you done? I have downloaded the brief found here but haven't really had time to work on it. ?????