Three Things to Know About Hearsay and Your Defense
When a person is arrested and charged with a criminal offense in Indiana, the issue of “hearsay” might come into the case. Under Rule 801 of the Indiana Rules of Evidence, hearsay is defined as a “statement that” either “is not made by the declarant while testifying at the trial or hearing” or “is offered in evidence to prove the truth of the matter asserted.” There are various circumstances in which hearsay may become a critical element of a criminal case, from a law enforcement officer filing an affidavit to obtain a search warrant to a prosecutor’s case against you in which the prosecutor attempts to present hearsay evidence in a trial.
Realizing that hearsay can become a part of a case against you — as a reason to conduct a lawful search of your property, or even in an attempt to convict you of a criminal offense that could result in significant prison time — can be extremely anxiety inducing and disconcerting. Yet it is important to understand that there are rules in place to protect you. To gain a full understanding of hearsay and your rights in defending yourself against criminal allegations, it is important to discuss the specific details of your case with an experienced criminal defense lawyer in Indianapolis. In the meantime, the attorneys at Rigney Law LLC can provide you with three key things to know about hearsay and your defense.
- There is a Rule Against Hearsay Evidence
Under Rule 802 of the Indiana Rules of Evidence, “hearsay is not admissible unless these rules or other law provides otherwise.” In other words, hearsay cannot be used against you unless an exception applies.
- Exceptions Do Exist to the Rule Against Hearsay
There are many exceptions to the rule against hearsay evidence, which allow hearsay to be admitted in a trial. The following are just some examples of exceptions identified in Rule 803 of the Indiana Rules of Evidence:
- Statements by the accused;
- Present sense impression;
- Excited utterance;
- Then existing mental, emotional, or physical condition;
- Statement made for the purpose of medical diagnosis;
- Recorded recollection;
- Record of a regularly conducted activity;
- Public records;
- Records of a religious organization; and
- Family records.
If you have concerns about specific hearsay evidence that could be used against you, it is important to have a lawyer assess it.
- Additional Requirements Exist When a Search Warrant Affidavit is to Be Issued on the Basis of Hearsay
In order to obtain a search warrant affidavit to lawfully conduct a search, the police cannot simply claim they know certain facts without providing more details. While hearsay can be a basis of evidence for a search warrant affidavit, IC 35-33-5-2 requires that, when a search warrant affidavit is based on hearsay, one of the following two things must be true:
- Police can provide reliable information that establishes the credibility of the source of the hearsay, showing that there is “a factual basis for the information furnished”; or
- Police have provided enough information that the hearsay, when looking at the totality of the circumstances, can be corroborated.
Contact an Indianapolis Criminal Defense Attorney for Assistance
Hearsay is a complicated matter, and there are multiple ways you may be able to defend against or contest any hearsay evidence that is used against you. Given the complexity of criminal cases where hearsay is involved, it is essential to work with an attorney whenever you are facing any criminal allegations. The experienced Indianapolis criminal defense lawyers at Rigney Law LLC can begin working with you today. Contact us today for assistance with your defense.
Sources:
statecodesfiles.justia.com/indiana/2014/title-35/article-33/chapter-5/chapter-5.pdf
rules.incourts.gov/Content/evidence/rule801/current.htm
rules.incourts.gov/Content/evidence/rule802/current.htm
