What is Hearsay?

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

As a general rule, if a witness on the stand is repeating what someone else said who isn’t testifying in a case… there are hearsay issues.  In trial you have a constitutional right to cross examine someone testifying against you — but you can’t effectively cross examine someone who isn’t there.

For starters, a short blog can’t possibly do the concept of hearsay any justice. Hearsay is one of the hardest topics in evidence and is heavily covered on the multistate bar exam.

The hearsay rule can block damaging statements from being admitted into evidence at a criminal trial. In some cases, such as assault/ family violence cases, the entire outcome can rest on a single hearsay objection. Yeah… It’s THAT important.

The legal definition of hearsay is, “a statement, other than one made by the declarant while testifying at the…

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