Hearsay in Weld, Morgan, and Logan County Courts

The evidence principle of “hearsay” in Morgan, Logan, and Weld County courts is complicated. There are many exceptions to the rule, and they are so complex, even experienced criminal defense lawyers have a difficult time understanding it. This rule has a big impact on the outcome of your case; it determines whether evidence is admissible in cases such as Assault, Domestic Violence, or Theft in Erie, Johnstown, or Berthoud.

Hearsay in Greeley and Weld Courts:

The official definition of Hearsay is:

Unfortunately, even this definition can be difficult to wrap your head around. Here is an example: Let’s say there are two witnesses in a Disorderly Conduct case in Evans. Witness B is on the stand, and he says he “heard witness A say the defendant engaged in disorderly behavior.” The Hearsay rule is not simple and straightforward, however. There are two types of statements which are not considered Hearsay:

1. Prior Statement by Witness
2. Admission by Party – Opponent

23 Exceptions to the Hearsay Rule:

1. Excited Utterance
2. Public Records and Reports
3. Spontaneous Present Sense Impression
4. Statement for Purposes of Medical Diagnosis or Treatment
5. Records of Vital Statistics
6. Records of Regularly Conducted Activity
7. Absence of Entry in Records Kept in Accordance with the Provisions of Paragraph (6)
8. The Existing Mental, Emotional, or Physical Condition
9. Family Records
10. Recorded Recollection
11. Marriage, Baptismal, and Similar Certificates
12. Absence of Public Record or Entry
13. Statements in Ancient Documents
14. Records of Religious Organizations
15. Learned Treatises
16. Reputation as to Character
17. Statements in Documents Affecting an Interest in Property
18. Records of Documents Affecting an Interest in Property
19. Judgment of Previous Conviction
20. Reputation Concerning Personal or Family History
21. Market Reports, Commercial Publications
22. Reputation Concerning Boundaries or General History
23. Judgment as to Personal, Family, or General History or Boundaries

Hearsay Evidence Rule and Why You Need a Skilled Criminal Lawyer

The Hearsay rule has many exceptions which make evidence inadmissible in the courtroom. If an inexperienced criminal defense attorney or public defender doesn’t analyze the evidence correctly under the rule, or doesn’t understand the many confusing exceptions, important evidence which proves your innocence could be left out of your trial.

Don’t let a misunderstanding of the Hearsay rule of evidence ruin your chances in court. Be smart, exercise your right to remain silent, and contact an experienced criminal defense lawyer at our office who has a strong grasp of the exceptions and Hearsay Rule. Contact us at 970-616-6009, or submit the “Get Help Now” form.
Together, we can protect your future.

Image Credit: FreeDigitalPhotos.net – Jeroen Van Oostrom