We have all heard the cautionary tales about how much trouble you can cause by spreading rumors or by believing them. By this logic, it only makes sense that the criminal courts do not normally allow hearsay evidence, where a witness testifies that he or she heard someone else say particular words. In a criminal trial, the purpose is for the prosecution to convince the jury beyond a reasonable doubt that the defendant is guilty, and for the defense to cast doubt on those claims. It stands to reason that hearsay evidence only causes confusion, not certainty, and in general, the courts see it that way. Under certain circumstances, though, the courts will allow witnesses to provide testimony that includes hearsay evidence. Sometimes, there is room for debate about whether the hearsay exceptions codified in Oklahoma law apply to a particular piece of evidence, and therefore whether that piece of evidence is admissible. If you believe that something a witness heard could cast enough doubt on the prosecution’s allegations to secure your acquittal, contact a Tulsa criminal defense lawyer.

When the Witness Reports Someone Else’s Speech in Real Time

If a witness testifies that someone else made certain statements months ago, it is almost impossible to prove or disprove this. Besides this, the witness does not have a good chance of repeating the original speaker’s words verbatim; anyone who studies folklore or oral tradition knows that the wording of oral narratives changes from one telling to the next. Statements that someone made in the past are more compelling, not to mention legally admissible, when there is a recording, such as a recorded 911 call. Hearsay evidence is admissible if a 911 caller reports in real time what someone else at the scene is saying, even if the 911 operator cannot hear the other speaker and therefore the recording does not pick up the original speaker’s speech.

When the Hearsay Evidence Protects a Child From Having to Testify in Court

The Oklahoma courts believe that it does not serve the interests of justice for children to testify as witnesses. Testifying in court is a stressful experience for children, especially if the child is speaking about a violent crime that he or she witnessed. Likewise, there is too much risk that children will be too nervous to give understandable or accurate statements during the trial and that adults will pressure them into changing their story. Therefore, it is better if an adult who heard the child speak about the crime shortly after it happened reports this to the jury during the trial. It is even better, though, if a doctor summarizes the child’s statements in the child’s medical records shortly after the incident or if an adult family member or teacher reports the child’s statements to the police shortly after the child confides in him or her.

Contact Tracy Tiernan About Criminal Defense Cases

A criminal defense lawyer can help you if you are facing criminal charges where hearsay evidence could cast doubt on your guilt.  Contact Tracy Tiernan in Tulsa, Oklahoma, to discuss your case.