Navigating the legal system can be daunting, especially when unfamiliar terms and rules come into play. One such concept is hearsay, which can have a significant impact on your case as a potential defendant. Understanding hearsay and each important hearsay exception is crucial to protect your rights. We’ll delve deeper into the topic to provide you with a comprehensive understanding.
Looking for experienced criminal defense attorneys in New Jersey? Contact The Law Offices of Jonathan F. Marshall. With over 200 years of combined experience, our team of 11 attorneys, including former prosecutors, is dedicated to fighting for your rights. Recognized by the National Trial Lawyers and Super Lawyers, we offer strong and effective defense strategies. Schedule a consultation today at (877) 534-7338 or online. Your future deserves the best defense.
Hearsay Rules Explained
Hearsay refers to statements made by someone other than the person testifying in court. These statements are offered as evidence to prove the truth of the matter asserted in the statement. To put it simply, hearsay is when someone tells the court about what someone else said outside of court. Courts generally treat hearsay evidence cautiously because it’s considered second-hand information and may lack reliability.
Key Definitions
To comprehend the rules surrounding hearsay, it’s essential to be familiar with some key terms under N.J.R.E. 801:
Statement
A statement can take various forms, including oral assertions, written assertions, or nonverbal conduct, as long as the person intended it as an assertion.
Declarant
The declarant is the person who made the statement that is being presented as evidence.
Hearsay
Hearsay refers to a statement made by the declarant, offered in court to prove the truth of what was stated. Keep in mind that hearsay is generally not admissible as evidence, unless it falls under specific exceptions.
Exceptions To The Hearsay Rule
While hearsay is typically excluded as evidence, there are several exceptions where it may be allowed. Let’s explore some of the most common exceptions:
Declarant-Witness’ Prior Statement
If the person who made the statement is present in court as a witness, and their prior statement contradicts their current testimony, the prior statement may be admitted. However, it must comply with certain requirements, such as reliability and the method of recording the statement.
Statement By Party-Opponent
Statements made by a party to the case or their authorized representative can be admitted against that party. For example, if you made a statement that is being used against you, it may be admissible.
Statements Not Dependent On Declarant’s Availability
Certain statements are admissible regardless of whether the declarant is available as a witness. These include statements describing an event or condition made while or immediately after the person witnessed it, statements made under the stress of excitement caused by a startling event, and statements made about the declarant’s mental, emotional, or physical condition at the time.
Records Of Regularly Conducted Activity
Statements contained in records made during the regular course of business, such as medical records or business documents, may be admissible if they were made by someone with knowledge or from information provided by someone with knowledge.
Public Records, Reports, And Findings
Statements made in official documents or reports by public officials can be admitted as evidence, but their trustworthiness should be considered.
These exceptions provide some flexibility in admitting hearsay evidence when it meets certain criteria. However, it’s important to note that the admissibility of hearsay evidence depends on the specific circumstances of each case.
FAQ
What Is Hearsay?
Hearsay refers to statements made by someone other than the person testifying in court, which are offered as evidence to prove the truth of the matter asserted in the statement.
What Is Inadmissible Hearsay In New Jersey?
Hearsay is considered second-hand information and may lack reliability. Courts prefer firsthand testimony (not out of court statements) to ensure accuracy and fairness in legal proceedings.
Are There Any Exceptions To The Hearsay Rule?
Yes, there are exceptions to the hearsay rule that allow certain statements to be admitted as evidence. Some examples include statements made by a party-opponent, statements about the declarant’s mental, emotional, or physical condition at the time, and statements contained in regularly conducted business records.
What Is A Declarant?
The declarant is the person who made the statement that is being offered as hearsay evidence. It can be the person who said the statement or provided the information.
Can A Witness Testify About What Someone Else Said?
In general, a witness cannot testify about what someone else said if it is offered to prove the truth of the matter asserted. However, there are exceptions, such as when the statement is offered to show the witness’s prior inconsistent statement or to rebut a charge of recent fabrication or improper influence.
Can A Statement Made Outside Of Court Be Admitted If The Declarant Is Present In Court?
Yes, if the declarant is present in court and available as a witness, their prior statement may be admitted if it contradicts their current testimony. However, there are specific requirements for the admissibility of such prior statements.
Can Hearsay Be Admitted If The Declarant Is Unavailable As A Witness?
In certain circumstances, hearsay may be admitted if the declarant is unavailable as a witness. This includes situations where the declarant is exempted from testifying due to privilege, refuses to testify despite a court order, or is absent due to death, illness, or other causes.
How Does The Court Determine If A Statement Is Trustworthy For An Exception To Apply?
The court considers various factors, including the declarant’s motive, duty, and interest in making the statement, the circumstances in which the statement was made, the complexity of the subject matter, and the likelihood of the statement’s accuracy.
Can Skilled Opinions Be Included In Hearsay Statements?
Skilled opinions included in admissible hearsay statements may be excluded unless the court finds that the circumstances surrounding the opinion establish its trustworthiness. Factors such as the declarant’s motive, duty, and interest, as well as the complexity of the subject matter, are considered.
How Can I Ensure That My Rights Are Protected Regarding Hearsay Evidence?
It is crucial to consult with an experienced attorney who can assess your case, analyze the applicability of hearsay exceptions, and advocate for your rights. An attorney can help you navigate the complex rules surrounding hearsay and provide guidance throughout the legal process.
NJ Criminal Defense Attorney
If you were charged with a crime in New Jersey, it’s crucial to have a strong defense team on your side. At The Law Offices of Jonathan F. Marshall, our lawyers possess the training, knowledge, and experience to effectively challenge prosecutors and fight for the most favorable outcome for you. With over 200 years of combined experience, our team of 11 criminal defense attorneys specializes exclusively in criminal law. What sets us apart is our roster of former prosecutors, with four of our attorneys having held prominent positions in various divisions, including the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Division, and Juvenile Division.
Furthermore, our firm boasts multiple attorneys who have been recognized by the National Trial Lawyers as Top 100 or Top 40 Under 40, and two of our lawyers were recently selected to the esteemed Super Lawyers Rising Stars 2021 list for New Jersey, an honor bestowed upon only 2.5% of attorneys in the state. To top it off, we have an attorney who is Certified by NJ Supreme Court as a Criminal Trial Attorney, which is a distinction that is held by less than 1% of attorneys in the state. Don’t face your charges alone – contact The Law Offices of Jonathan F. Marshall today at (877) 534-7338 or online to schedule a consultation and secure the dedicated legal representation you deserve.
Learn more about the criminal process in New Jersey.
