Legal Question in Criminal Law in Wisconsin

Yes, the general rule is that hearsay (those statements overheard by a third party, who lacks firsthand knowledge about a given event) should not be allowed into evidence against a criminal defendant, nor in any other type of lawsuit for that matter. As is typical in the law, however, there are numerous exceptions which sometimes swallow the rule. Most of these relate to circumstances which make certain types of overheard statements more reliable than the garden variety of hearsay, known as "indicia of reliability." One of these involves "admissions against interest," such as confessions which are voluntarily given to police or even offhand statements admitting to some sort of criminal or immoral conduct to a third party (such as a police officer investigating the issue of who was driving when some sort of illegal variety thereof such as drunken or revoked is suspected). The theory behind this exception is that a person would be unlikely to say anything which might expose him to punishment unless it were really true. However, there are limits on the usability this type of evidence, particularly for suspects who are in custody. For example, what remains of the "Miranda" rule requires officers to advise suspects of their constitutional right to remain silent under the 5th amendment to the U.S. constitution or similar parts of the WI constitution. In addition, the statements must be "voluntary." This usually equates with the person not having been subjected by the authorities to either physical torture or mental coercion in order to make them talk (regardless of whether they had been read their rights). Voluntariness can also be an issue for persons suffering from diminished mental capacity to decide whether or not to talk due to mental issues, head injuries, or the effects of involuntary intoxication. You therefore need to promptly discuss all of these issues with your attorney to see whether or not there could be a legal basis to move for suppression of your admission to driving on one of these grounds. Attorney responses on this public website are intended only for public educational purposes rather than as legal advice for your specific situation. Responses to your questions therefore do not create an attorney client relationship between us and should not be relied upon for making any important decisions until they have been reconsidered by your private attorney. You are; however, welcome to contact my office in Racine to discuss any additional questions which you may have or to seek private advice intended for you alone. Answers on this website may also contain attorney advertising materials.