Legal Question in Criminal Law in California
If someone confesses to you about a crime, is that hear say?
I was assulted and the woman who assulted me told several
people right after the attact, ''I'm sorry, I'm sorry I didn't mean to
hit her.'' There were no eye witnesses to the attack.
When I told the detective that she told my witness the above
confession, he said that it was hearsay and the District Attorney
would not take the case.
When I looked up hearsay, it said a statement by a witness who
did not see or hear the incidnet in question, but heard about it
from someone else.
My witness heard it from the assailant's own mouth!
So if I take this to small claims court, what my witness was told
should be better than hearsay?
2 Answers from Attorneys
Re: If someone confesses to you about a crime, is that hear say?
Well the detective is only partly correct. The statement is hearsay as defined as an out of court statment by a someone to prove the truth of the matter asserted. However, this statement would be an exception to the hearsay rule since it appears to be either an admission by a party or what the law calls a statement against interest. As you can see the hearsay rule is complicated, but hopefully this is helpful to you. For your case make sure your witness can come to court to testify as to what she heard and bring any other proof you have such as pictures torn clothing, etc.
Good luck.
Gary Olive
Re: If someone confesses to you about a crime, is that hear say?
there are exceptions to the hearsay rule that probably would allow you to use the testimony. If you have actual injuries and physical damage, and if the defendant has assets or means to pay a substantial judgment, then you should consider bringing a Superior Court action, not small claims. If not, then small claims will make your point on principle without incurring large attorney fees and costs.
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