Courts have greatly complicated the evidence principle of “hearsay” in Larimer, Boulder, and Jackson County courts. Hearsay sounds simple, but there are so many exceptions to the rule that even criminal defense attorneys can’t completely figure it out. When you are on trial for Assault, Domestic Violence, or Criminal Mischief, this rule can have an enormous impact on your case.
What is Hearsay?
According to the Colorado Rules of Evidence, the definition of hearsay is:
“A statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.”
Even this clear-cut definition can be difficult to understand without an example. Let’s say there are two witnesses in a Burglary case in Fort Collins. Witness A is on the stand and says: “Witness B (this is the “declarant” in the hearsay definition) told me the defendant burglarized the building.” Unfortunately, this clear-cut definition is muddied and confusing because of two types of statements which are not considered hearsay. These are:
- Prior Statement by Witness
- Admission by Party – Opponent
Exceptions to the Hearsay Rule
There are twenty-three exceptions to the Hearsay Rule. These state that Hearsay is inadmissible:
- Spontaneous Present Sense Impression
- Excited Utterance
- Public Records and Reports
- Statement for Purposes of Medical Diagnosis or Treatment
- The Existing Mental, Emotional, or Physical Condition
- Records of Regularly Conducted Activity
- Absence of Entry in Records Kept in Accordance with the Provisions of Paragraph (6)
- Recorded Recollection
- Records of Vital Statistics
- Records of Religious Organizations
- Absence of Public Record or Entry
- Family Records
- Marriage, Baptismal, and Similar Certificates
- Statements in Documents Affecting an Interest in Property
- Records of Documents Affecting an Interest in Property
- Statements in Ancient Documents
- Learned Treatises
- Reputation Concerning Personal or Family History
- Reputation as to Character
- Reputation Concerning Boundaries or General History
- Market Reports, Commercial Publications
- Judgment of Previous Conviction
- Judgment as to Personal, Family, or General History or Boundaries
Hearsay and Why You Need an Experienced Criminal Lawyer
If you have been accused of a crime in Loveland, Estes Park, or Johnstown, it is important to work with an experienced criminal defense attorney. Criminal law is complex, and hearsay is a good example. The exceptions to the hearsay rule are complicated, and have an effect on evidence being admissible in court. If you or an inexperienced public defender does not analyze evidence correctly under the Hearsay rule and its exceptions, important evidence which is key to your defense may not admissible. Evidence rules such as hearsay can keep evidence which proves your innocence out of the court. Or, if used wisely, it can keep the DA’s harmful evidence against you out. Judges, court clerks, and District Attorneys won’t help you out.