Miami Ciminal Attorney

Hearsay

A legal concept that seems easy to understand but is in practice maddening for even experienced attorneys is hearsay. Hearsay is defined as an "out of court statement introduced to prove the truth of the matter asserted." Of course, most people accused of a crime in Miami will look at this definition and say . . . "Huh?"

Don't worry, you're not alone. Richard Stern, a Miami criminal defense attorney who has worked as a prosecutor and as a civil attorney, has seen many instances where trained lawyers have fumbled for a way to describe it. It doesn't have to be that hard. Let's break it down:

1. An Out of Court Statement: This means exactly what it sounds like. Any out of court statement begins as hearsay; in other words, if it isn't coming directly from the witness' own mouth and thoughts at the moment he is sitting in the witness seat in Court, it's generally hearsay. For example, if Officer Jones has been sworn in and takes the witness stand and says "I saw the Defendant get in his car and speed away," then that's not an "out of court statement" because he's describing what he saw himself. However, if Officer Jones says "At the scene, Mrs. Smith told me that the Defendant got in his car and sped away," then that's an out of court statement for hearsay purposes. It's also important to remember that a witness' own out of court statement is just that - an out of court statement which might be considered hearsay. For example, if Officer Jones testifies "At the scene, I told Mrs. Smith that I would come back to check on her later," he is testifying about an out of court statement. Just because he's the same person who made it doesn't make it any less "out of court."

2.Introduced to prove the truth of the matter asserted: The out of court statement, in order to be hearsay, must be introduced into evidence with the intent of proving exactly what the statement says. For example, if Officer Jones testifies that "At the scene, Mrs. Smith told me that the Defendant got in his car and sped away," then the statement is hearsay because it is both an out of statement and also is being said in Court to show that the Defendant did in fact speed away.

However, there are many hearsay exceptions and subtle differences that continue to bedevil attorneys in Miami. It takes both a solid academic background and extensive trial experience to navigate the dangerous waters of hearsay to protect your rights against prosecutors and police who may try to introduce hearsay statements against you when they shouldn't be allowed to. To discuss hearsay further, please call Richard Stern, a criminal defense lawyer in Miami, at (305) 274 - 5777. All consultations are free.