Exceptions That Allow the Court to Admit Hearsay As Evidence
Hearsay, statements made outside the courtroom, are typically inadmissible as evidence in criminal trials. Like most laws, however, there are exceptions to the rule. Below are some of the exceptions that allow courts to accept hearsay as evidence.
Present Sense Impression
Many people like to describe their experiences. For example, if you are on a bus with a broken air conditioner (AC), you might complain to the person next to you about the hot weather. In such a case, the court may allow your statement as evidence of whether or not you are available to testify.
The rationale is that you would only have commented on the hot weather if you were truly feeling hot. With that rationalization, your statement is more likely to be true. (more…)
Have you or a loved one been charged with a first DUI? In most situations, a first-time DUI (or OWI) offense receives a lighter set of repercussions in an attempt at mitigating further problems. However, this also means that many who are charged with that first-time DUI may feel that it’s not worth fighting very hard over. 