criminal-law california fraud testimony
Would an affidavit be admissible in criminal court to prove address fraud?
<p>If I need to prove in California criminal court that the defendant did not reside at a certain address in 2017, it seems best to get the true "main resident" to testify in court: "I have never seen that man in my life".</p>

<p>But, in lieu of testimony, how can the same proof be made without the "main resident" coming to court?  Would a sworn affidavit work in this case or is it dismissed as hearsay?  More generally, how would the best lawyers establish that the defendant never lived at that address if no witnesses were able to come to court?</p>

<p>Assuming the unavailability of the witness was not caused by the defendant, attempts to introduce the affidavit would be deemed hearsay and furthermore inconsistent with the defendant's right to face their accuser.</p>

<p>The best recourse would be to show the actual place the defendant lived. You could also introduce other circumstantial evidence like that other people only saw the defendant at another location.</p>

<p>You could also try a hand at judicial notice, but generally as I understand this requires consent from both parties with some exceptions.</p>
