
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:
- Prior Statement by Witness
- 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:
- Public Records and Reports
- Records of Vital Statistics
- Family Records
- Recorded Recollection
- Marriage, Baptismal, and Similar Certificates
- Records of Regularly Conducted Activity
- Absence of Entry in Records Kept in Accordance with the Provisions of Paragraph (6)
- Excited Utterance
- Records of Religious Organizations
- Spontaneous Present Sense Impression
- Statements in Ancient Documents
- The Existing Mental, Emotional, or Physical Condition
- Learned Treatises
- Statement for Purposes of Medical Diagnosis or Treatment
- Judgment of Previous Conviction
- Absence of Public Record or Entry
- Records of Documents Affecting an Interest in Property
- Judgment as to Personal, Family, or General History or Boundaries
- Reputation as to Character
- Market Reports, Commercial Publications
- Records of Documents Affecting an Interest in Property
- Reputation Concerning Boundaries or General History
- 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.
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