Hearsay is an evidence principle in Denver, Arapahoe, and Jefferson County courts. This simple rule is made complicated by many exceptions; many experienced criminal defense attorneys have a difficult time deciphering it. Hearsay has an enormous impact on sex crimes cases – it determines whether evidence is admissible in the court. Even important evidence can be excluded for your court hearing or trial, if the rules of evidence are not met. Let's take a closer look at this rule of evidence:

Hearsay in Colorado Courts:

The definition of Hearsay is: “A statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” Even this definition can be difficult to understand – especially if you are unfamiliar with the law. Here is an example: Let's say there are two witnesses in an Attempted Sexual Assault case in Highlands Ranch. Witness A is on the stand, and during her testimony, she says she “heard Witness B say the defendant tried to sexually assault the alleged victim.” This seems fairly straightforward, but there are two types of statements which are not considered to be Hearsay. These are:

1. Prior Statement by Witness
2. Admission by Party – Opponent

Exceptions to the Hearsay Rule

In addition to the two types of statements which are not Hearsay, there are 23 exceptions to the Hearsay rule (which makes Hearsay inadmissible in Adams, Larimer, and Douglas County court). These exceptions which can make evidence admissible are:

1. Public Records and Reports
2. Records of Vital Statistics
3. Family Records
4. Recorded Recollection
5. Marriage, Baptismal, and Similar Certificates
6. Records of Regularly Conducted Activity
7. Absence of Entry in Records Kept in Accordance with the Provisions of Paragraph (6)
8. Excited Utterance
9. Records of Religious Organizations
10. Spontaneous Present Sense Impression
11. Statements in Ancient Documents
12. The Existing Mental, Emotional, or Physical Condition
13. Learned Treatises
14. Statement for Purposes of Medical Diagnosis or Treatment
15. Judgment of Previous Conviction
16. Absence of Public Record or Entry
17. Records of Documents Affecting an Interest in Property
18. Judgment as to Personal, Family, or General History or Boundaries
19. Reputation as to Character
20. Market Reports, Commercial Publications
21. Records of Documents Affecting an Interest in Property
22. Reputation Concerning Boundaries or General History
23. Reputation Concerning Personal or Family History

Hearsay: Why You Need an Experienced Sex Crimes Lawyer

The many exceptions to the Hearsay rule of evidence which make it very difficult to understand. If you hire an inexperienced criminal defense attorney, or work with an overworked public defender, they might not analyze the evidence correctly, and you could end up not being able to use critical evidence in the courtroom. The skilled attorneys at our office have a strong grasp on the Hearsay evidence rule, and we understand the importance of analyzing evidence correctly. One mistake, and evidence which could prove your innocence could be inadmissible.

Request a Free Consultation

Don't let a misunderstanding of the Hearsay rule ruin your chances at freedom in Lone Tree, Parker, or Greenwood Village. Let an experienced lawyer at our office handle your case and the evidence proving your innocence. Be smart, exercise your right to remain silent, and contact an experienced attorney at the O'Malley Law Office at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

Image courtesy of stockimages / FreeDigitalPhotos.net