Hearsay is any information gathered by one person from another person who has first-hand knowledge of the information. This information may involve a condition, event, or object of which the person gathering the information has no first-hand knowledge. In other words, the person did not have any direct or personal experience and cannot testify in court about it. Information that is second-hand is typically not admissible in court unless it falls under specific exceptions.
Yes. Even if the person with the first-hand knowledge is available to testify, the second-hand evidence can be admitted under the following circumstances:
Yes, prior statements that are considered inconsistent may be allowed at trial in some states. It depends on the rules of procedure for that state.
Yes. Any time a defendant admits guilt, it can be included at trial even if it is hearsay. This is because it may be assumed that a person would not admit to being guilty.
Whether a statement made by someone unable to testify is admissible depends on the statement. Hearsay may be included if the person is not available to testify if:
Sometimes, you may need to rely on hearsay evidence to prove your innocence in a criminal case. Thus, it is in your best interest to contact a criminal attorney about what hearsay evidence is admissible. The attorney will inform you of what hearsay evidence may be admissible in your case and assist you in putting together a defense strategy to defend yourself against criminal charges.
Last Modified: 11-28-2015 10:14 AM PSTLaw Library Disclaimer
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