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CAN
THEY DO THAT ??
HEARSAY
WRIGHT
& MILLS, P.A.
I
TOLD MY BOYFRIEND THAT I STOLE A RADIO
FROM THE STORE. BUT THEY CAN'T USE THAT
AGAINST ME BECAUSE IT'S HEARSAY,
RIGHT?
Yes
they can!
Many
times people say things that can't be used
in court because the statement is
"hearsay." But a statement made by someone
who is a party in a case, including
someone accused of a crime, is not hearsay
under our rules, so the statement can be
admitted in court. A person can't
introduce his/her own statement in court,
however, because the statement has to be
offered by an opposing party. A party to a
case usually has to testify if they want
to tell their own version of the
events.
If
you told someone you stole a radio, that
statement can be used against you in
court, even if you were only joking. If
you are stopped by the police and you say
you only had two beers, that statement
will be used against you also, even if you
only said it to convince the police that
you were okay to drive.
Even
something that is not obviously
incriminating can be used against you if
it is different from what somebody else
says happened.
Sometimes
people say things under circumstances that
lead them to believe that what they say
won't be repeated. Sharing a secret with a
close friend or saying something in anger
without thinking about it can come back to
haunt you if you come under suspicion for
a crime. When you say something
incriminating, the person you spoke to can
be subpoenaed to tell the court or the
jury what you said, and it may be
difficult to explain
it.
So,
be careful what you say! Your words can be
used against you. It's the
law!
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