Criminal Defense Lawyer
Trial advocacy experts have said, “One of the most honored horrors is the rule that opposes hearsay.” No truer words regarding hearsay have been said. Understanding the rule that opposes hearsay and all the things that it accepts is a hard assignment, even for the greatest attorneys. It is best to understand hearsay which might be slightly easier when you realize the reason why the majority of hearsay is not allowed in trials is because it allows for the opposing side to give their best testimony in the courtroom from facts and not secondhand narratives. Firsthand narratives are far more reliable in cases and usually cannot be challenged. One cannot say the same about hearsay. Whether it is accepted for evidence or not, it is also possible that hearsay can negatively affect your case. An innocent person getting convicted due to an offense that came from unreliable information can be extremely horrible and the backlash from that can be endless.
What Is Hearsay?
Laws vary from state to state, but in most cases hearsay is simply an explanation typically opposing a comment or “evidence” brought forth in the hearing. It is also used to be presented in evidence to justify the truth of the matter proclaimed. These statements may be an allegation from word-of-mouth or a written allegation. A statement is also a conduct that isn’t expressed by a person, if it’s proposed by the person as an allegation. The hearsay will challenge what is called a “declarant.” A declarant is an individual who provides firsthand knowledge and if the information does not come from the declarant then it will likely be ruled as hearsay and cannot be used in court or in that individual’s defense.
Take this for example: one morning you decide to go for a light run with your best friend, when you reach a busy street you decide to pause for a moment to take a breather. At this time a crime commenced, both you and your friend witnessed this crime take place. You are then summoned to court to share your account of that morning. However, your friend was not summoned. You are completely able to testify what you saw, but if you spoke with your friend and they told you their version, you are not able to say “my friend says…” because your friend cannot provide her own firsthand information.
Hearsay can be very stressful, because there are so many ways to provide it. However, it is no good in court. If you or someone you know needs to go to court, contact a lawyer, like a criminal defense attorney in Atlanta, GA from The Lynch Law Group, for more information.
