Hearsay In Domestic Violence Cases

When a person is charged with a crime of domestic violence in Florida, their first move should be to enlist a domestic violence defense attorney well versed in this type of case. There are many different possible defenses to domestic violence-related crimes, but many of them revolve around documentary evidence and witness testimony. These types of evidence may fall under what is known as the hearsay rule – and if an experienced attorney can establish that a piece of evidence is hearsay, it can weaken the case against you.

Most Hearsay Is Inadmissible

If you have been charged with a crime of domestic violence, it means that you will be charged with the underlying offense, sometimes made more serious by the presence of domestic violence factors. For example, if you and your victim get into a fist fight, you will be charged with battery, not with ‘domestic violence.’ If you are convicted, domestic violence acts as a sentencing enhancement – but this means that every piece of evidence is important, and must be admissible to count against you.

The hearsay rule is one of the foundational rules of evidence, dating back to English common law. It holds that any statement made outside of court that is offered for its truth is inadmissible – in other words, it cannot be used against a defendant. There are two major reasons for this: the first is that too often, hearsay lacks reliability; the second is that the Confrontation Clause of the 6th Amendment to the U.S. Constitution grants the right to confront one’s accusers, and if someone cannot be cross-examined, they cannot be ‘confronted’ under the meaning of the amendment.

Know Your Hearsay Exceptions

The hearsay rule will exclude quite a lot of evidence from criminal prosecutions, but there is also a laundry list of exceptions to the rule, allowing certain evidence to be admitted. One of the more common exceptions is an “excited utterance,” which will usually be admissible because it has value in showing the unvarnished state of mind of the person who uttered it at the time of the alleged offense. For example, any statements made during a 911 call usually fall under this exception.

 A good understanding of the hearsay rule on the part of your attorney can help to undermine the prosecution against you. A defense attorney can file what are known as motions to suppress evidence – if there are legal grounds to do so – pointing out that the document or testimony is hearsay. Even if a piece of evidence would point to a defendant’s guilt, a jury cannot consider that evidence if it qualifies as hearsay.

Contact A West Palm Beach Domestic Violence Attorney

Far too often, a domestic violence case in Florida devolves into a “he said, she said” situation, and in this situation, the admissibility of evidence can make all the difference for a defendant. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help you fully understand your options if you find yourself in this scenario. Call our office today at (561) 721-0552 to speak to an attorney.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0090/Sections/0090.803.html