Frank Walker Law
  • Home
  • Attorney Profile
  • Criminal Defense
  • Personal Injury
  • Testimonials
  • Employment Opportunities
  • Contact Us
  • Call Today

    Call Today

  • Email Us

  • Our Map

  • Menu

    Home
    Attorney Profile
    Criminal Defense
    Personal Injury
    Pittsburgh Criminal Defense Blog
    Case Results
    Excessive Force
    Have You Been Arrested?
    Legal Tips
    Media Center
    Testimonials
    Video Center
    Free Legal Evaluation
    Employment Opportunities
    Contact Us
    Site Map
Call To Schedule An Appointment 412.212.3878 Phones Answered 24/7 West Virginia Criminal Defense Attorney
  • Best Law Firms in Americal
  • National Trial Lawyers: Top 40 Under 40
  • National Trial Lawyers: Top 100 Trial Lawyers
  • American Association of Attorneys: Premier DUI
  • National Black Lawyers: Top 100
  • National Academy of Criminal Defense Attorneys
  • Global Law Experts
  • Rue Ratings: Best Attorneys of America
  • DUI Defense Lawyers Association
  • American Institue of Criminal Law Attorneys: 10 Best 2015 Client Satisfaction
  • National College for DUI Defense
Pittsburgh Criminal Defense Blog 2016 April Hearsay: Can out of court Statements hurt you at trial?
Previous Post  |  Next Post

Hearsay: Can out of court Statements hurt you at trial?

Posted By Frank Walker Law || 14-Apr-2016

To be convicted of a criminal offense, the evidence against you must prove your guilt beyond a reasonable doubt. As any effective attorney knows, that doesn’t mean every piece of evidence the Commonwealth may have against you is admissible at trial. One of these categories of evidence that is inadmissible (with several exceptions) is hearsay evidence. The legal definition of hearsay is an out of court statement offered to prove the truth of whatever it asserts. For the laymen, hearsay is information from another person that can not be substantiated.

Hearsay is not admissible in evidence against you unless it falls under one of the numerous exceptions to the hearsay rule in the PA Rules of Evidence. The rules against hearsay in a criminal case are stricter than those in a civil case because certain civil hearsay exceptions would violate the Defendant’s sixth amendment constitutional right to confront the witnesses against them. Some of the Hearsay exceptions under the PA Rules of Evidence include: present sense impression, excited utterances, state of mind, medical diagnosis and treatment, business records, recorded recollection, family records, character evidence, and prior inconsistent or consistent statements.

The admissibility of some hearsay statements may depend upon the availability of the person who made the statement, who is known as the declarant. A declarant is deemed to be unavailable if they refuse to testify despite a court order, or have an applicable privilege against testifying, or are dead or physically infirm, or are absent from the hearing despite reasonable means being used to procure their testimony.

Perhaps the most common use of hearsay evidence is for purposes of impeachment. Prior statements made by defendants or witnesses can be used against them to show whether there testimony is truthful or not. That signed confession or apology letter is a nail in the coffin at trial. While not all hearsay evidence is damning as a confession, one of the most common incriminating evidence is obtained from cellphone text messages or from a witness’s facebook page. Many criminal defendants are surprised to find out that the police routinely get warrants, search, and obtain information from social media that may then be potentially admitted at trial.

The rules of evidence can be complex and difficult to navigate even for those trained in the law, and practically impossible for those that aren’t. If you have been accused of a crime, you need a qualified professional who knows how to challenge the evidence. Attorney Frank Walker is a seasoned attorney with years of trial experience who can fight for you. Attorney Frank Walker is a Nationwide Top 100 Criminal Defense Attorney with offices in Pittsburgh, PA and Morgantown, WV. Call us now at (412) 212-3878 for the Pittsburgh Office, and (304) 712-2089 for our office in Morgantown.

Categories: Criminal Defense

Share Post

Recent Posts

  • Attorney Donates Touch Free Thermometers to Allegheny County Courthouse
  • THE NATIONAL ASSOCIATION OF DISTINGUISHED COUNSEL
  • Frank Walker Law Sponsors 2020 MLK Hoops Tournament
  • We Wrote a Book for What to Do When Charged with a Crime in Western Pennsylvania.
  • Pittsburgh Attorney Donates to Greensburg Stage Right Arts Program
  • Omega Psi Phi Backpack Giveaway
  • Attorney Walker Donates 100 Backpacks to Bloomfield - Garfield Corporation
  • Pittsburgh Criminal Defense Attorney takes a HUGE Stand Against Violence

Criminal Defense

How Can We Help You?

  • Do I Need A Criminal Defense Attorney?
  • Not from Pittsburgh?
  • Appeals
  • Criminal Defense FAQ
  • Arrest Warrants
  • Bail Bond Hearings
  • Bench Warrants
  • Casino Crimes
  • Conspiracy
  • Drug Crimes
  • DUI
  • Expungements
  • Fake ID
  • Federal Crimes
  • Grading Offenses
  • Internet Crimes
  • Juvenile Crimes
  • Kidnapping
  • Perjury
  • Pittsburgh College University Students
  • Preliminary Hearings
  • Probation Violations
  • Property Crimes
  • Prostitution and Promoting Prostitution
  • Public Urination
  • Resisting Arrest
  • Sex Crimes
  • Stages of Criminal Court
  • Summary Offenses
  • Theft Crimes
  • Traffic Offenses
  • Underage Drinking
  • Violent Crimes
  • Weapons - Firearms
  • Washington County

Contact Us Today

Request your free, confidential case analysis.

Send
My
Info
  • Home
  • Site Map
  • Nav Map
  • Privacy Policy
  • Contact Us
Frank Walker Law

Call Today (412) 212-3878

Frank Walker Law - Pittsburgh Criminal Defense Lawyer
3000 Lewis Run Road, Clairton, PA 15025 View Map
Main (412) 212-3878
Local (412) 315-7441
Website: http://www.frankwalkerlaw.com/
© 2021 All Rights Reserved.
Internet Marketing Experts