Can Hearsay Be Used Against Me?
Are you currently facing criminal charges and concerned about how certain types of information might be used against you by the prosecution? Many people who are charged with a criminal offense in the Indianapolis area are particularly concerned about hearsay, and whether a statement made by a person at some point can be entered into evidence during their trial and used to convict them. The actual definition of hearsay is more complicated than this, and it is important to understand what actually constitutes hearsay and when it can and cannot be used against a defendant in a criminal case.
In short, Indiana has a rule against hearsay, but there are exceptions to that rule you should discuss with a criminal defense lawyer in Indianapolis. The most detrimental exception is that statements of the accused are not considered hearsay and generally admissible.
Rule Against Hearsay in Indiana
Under Rule 802 of the Indiana Rules of Evidence, “hearsay is not admissible unless these rules or other law provides otherwise.” Rule 801 defines hearsay as a statement that is made outside a trial or hearing that is “offered in evidence to prove the truth of the matter asserted.”
To be clear, “hearsay” does not include just any statement that is made outside court or outside a hearing. In order for a statement made outside one of those two settings to be barred by the Rule Against Hearsay, it must also be a statement that is being “offered in evidence to prove the truth of the matter asserted.” Yet even when the definition of hearsay is met, there are still exceptions that allow hearsay to be used as evidence in a criminal case.
Exceptions to the Rule Against Hearsay
The Indiana Rules of Evidence make clear that there are many types of statements that might seem like hearsay but are not in fact hearsay for purposes of exclusion in a criminal proceeding, and thus can be used as evidence in a case. Those types of statements include:
- Declarant-witness’s prior statement; and
- Opposing party’s statement.
In addition, there are 23 different exceptions to the Rule Against Hearsay under Rule 803 of the Indiana Rules of Evidence. Not all of these exceptions are common in criminal cases, but many can be used in criminal cases in order to enter certain forms of hearsay as evidence against a defendant. These exceptions are complicated, and you should discuss specific concerns about statements that may be used against you in court under one of the exceptions.
Contact a Criminal Defense Attorney in Indianapolis for Assistance
To learn more about hearsay in criminal cases, you should get in touch with a criminal defense lawyer. Hearsay, and its use in criminal cases, can be complicated, and it is important to have a criminal defense lawyer on your side who can work to have any evidence against you excluded that violates the Indiana Rules of Evidence. One of the experienced Indianapolis criminal defense attorneys at Rigney Law LLC can speak with you today about the details of your case. Contact our firm for more information about how we can assist you with your defense.
Source:
rules.incourts.gov/Content/evidence/rule802/current.htm