IF YOU WANT TO WIN YOUR CASE YOUR LAWYER NEEDS TO KNOW HOW TO GET THE BEST EVIDENCE BEFORE THE JURY OR JUDGE

Hearsay

Hearsay is “evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.” Evidence Code § 1200(a). An example of hearsay is Sally tells Joe, "I saw Alice at the store yesterday." Later, if Joe is called to testify in court about Alice's whereabouts on that day, and he repeats Sally's statement, it would be considered hearsay. Joe is attempting to present Sally's out-of-court statement to prove Alice was at the store, but since Sally is not there to confirm or be questioned about her observation it lacks the direct evidence needed to be admissible in court. 

Generally, hearsay is considered inadmissible in court proceedings due to its unreliable nature. This is because the person who originally made the statement is not present to be cross-examined by the lawyers in court to test their credibility. However, there are numerous exceptions to the hearsay rule, allowing such statements to be admitted under specific circumstances, such as if they fall under business records or declarations against interest. It is critical that your lawyer representing you understands how the hearsay rule works.  

What Are The Exceptions to Hearsay?

There are several key exceptions to the hearsay rule that permit certain out-of-court statements to be admitted as evidence in legal proceedings. 

1. The "present sense impression doctrine”. This is where a statement describing an event is made immediately after the person experiences it. 

2. The "excited utterance" exception. This  allows statements to come into evidence that  relate to a startling event or condition made while the declarant

          was under the stress of excitement caused by the event. 

3. The "statements Made for medical diagnosis or treatment" exception permits statements made for the purpose of medical diagnosis or treatment, as these are considered inherently reliable. 

4. The "business records" exception applies to statements made during the normal course of business. These statements are deemed trustworthy and routine because of the circumstances under which they are being made. 

5. The "declarations against Interest" exception are admission of a fact that is against the speaker's own interest at the time they were made. These statements can be admitted into evidence even if the person who made the statement is unavailable at the time of the court hearing. 

How a Wallin & Klarich Criminal Defense Attorney Can Help

When defending a hearsay statement, your Wallin & Klarich attorney will first determine if the statement fits within any of the exceptions to the hearsay rule. This involves demonstrating that one of the exceptions applies, such as a "present sense impression" or the "excited utterance” exception.  Your attorney can also build an argument around the circumstances under which the statement was made, enhancing its credibility and trustworthiness to the court. 

On the other hand, when objecting to the prosecution's hearsay statement, your Wallin & Klarich criminal defense attorney will present arguments to show that the statement does not meet any hearsay exception. This often involves challenging the context in which the statement was made or pointing out the absence of cross-examination opportunities due to the speaker’s absence. 

If you are facing criminal charges, your Wallin & Klarich attorney will be by your side throughout the entire process. This includes during trial when the prosecution may attempt to bring in hearsay evidence without a valid exception. In this case, your Wallin & Klarich attorney will object on the grounds of hearsay. On the other hand, if the prosecution objects to a statement your Wallin & Klarich attorney has presented, then your attorney will do all they can to convince the court that the statement should be admissible because one of the hearsay exceptions applies. By knowing when to object and how to support hearsay statements, our attorneys at Wallin & Klarich will fight hard for you at all times in the courtroom.

Contact Wallin & Klarich Today  

If you are facing criminal charges, you need to contact our aggressive attorneys at Wallin & Klarich now. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and kept them free from serving prison or jail sentences.  We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

Wallin & Klarich has offices throughout Southern California including Irvine, Anaheim, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. Also, our law firm can handle many types of criminal cases statewide.

Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.