Hearsay Evidence Isn't Permissible in Most Cases
Jan. 31, 2019
A defendant in a criminal trial will need to present evidence to show their side of the story. This can vary greatly from one case to another, but it might include witness testimony and physical evidence. When a person calls witnesses, they must ensure that what the witness says is admissible in the case.
One type of witness testimony that won't do any good is hearsay. This occurs when the person is making a statement that they don't really have any knowledge about. Essentially, this is to prevent people from presenting gossip as evidence in court.
People who are going through a criminal trial must abide by the rules of evidence. These are set to ensure that defendants get a factual trial and that the evidence presented by both sides provides valuable information about the case.
There are some exceptions to the hearsay rules that might help some defendants. These include information about the person's reputation. Documents and medical records can also be introduced within the evidence laws without being classified as hearsay.
You should remember that hearsay is forbidden in both sides. If you notice that something the prosecution is presenting falls under this umbrella, your attorney can step in and call the hearsay into question, so the court is warned about it.
There are many factors that must be considered carefully when you're preparing your defense. Having a comprehensive plan is usually benefit. For some criminal cases, the key point is to call major evidence into question if it's possible to do so. Your attorney can help you determine what defense strategy options are appropriate for your case.