https://youtu.be/87GBT-tht7g
Understanding Hearsay: A Crucial Guide for Defendants
What is hearsay? Hi, my name is Carl Birkhead. I’m a Tulsa criminal attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to help you make law easy by explaining what hearsay is and how that might apply to your case.
Defining Hearsay in the Courtroom
Hearsay is an out-of-court statement made by someone (called a declarant) that’s being offered in court to prove the truth of what was said. For example, if you’re on the stand and say, “Their mother told me on Thursday night that they slapped her,” that’s hearsay. The statement was made outside the courtroom and is being offered as fact. Under Oklahoma’s rules of evidence, that kind of statement isn’t admissible unless it meets a specific exception.
The reason behind the hearsay rule is your constitutional right to confront and cross-examine witnesses. If the person who made the statement isn’t in court to be questioned, the court can’t properly assess whether what they said is true. This rule also applies to things like text messages or written notes from someone who isn’t testifying. Unless the person who made the statement is present or the statement falls under an exception, it likely won’t be allowed.
Common Pitfalls and Exceptions to the Rule
Many clients unintentionally run into this issue on the stand by saying, “So-and-so told me…” and it gets objected to immediately. If you’re unsure whether something counts as hearsay or might qualify for an exception, reach out—we can walk through the details and find out if your evidence can still be used.
My name is Carl Birkhead. I’m a Tulsa misdemeanor attorney with Wirth Law Office, and I want to help you make law easy.
Schedule Your Strategy Session Today
Need more clarity on hearsay and how it affects your case? I’m here to help. Schedule a low-cost initial strategy session today and let’s discuss your legal concerns. Call us at 918-879-1681, and together, we’ll navigate the complexities of the law.
