Hearsay Are Statements “Offered for the Truth of the Matter”

As you may know, hearsay is a statement made out of court that a litigant tries to use in court. The second element of hearsay that you may not know, however, is that the statement must be offered “for the truth of the matter” it asserts. If this element is not present, the court will decide the statement is not actually hearsay. What does this second element mean? How does it affect a criminal case in Arizona?

Definition of Hearsay

When a statement is “offered for the truth of the matter” in a courtroom, the person making the statement is offering the statement in order to prove that the statement is true. For example, if a litigant states that his brother told him that “the cat is black,” the statement is hearsay if the reason the litigant offers the statement is to prove, indeed, that the cat is black. If, instead, the litigant offers the statement for another reason (perhaps to prove that he saw his brother on a particular day or to prove that his brother had no idea the cat was actually orange), the statement is not considered hearsay.

A Recent Case Before Appeals Court

This distinction is important. If a court determines an out of court statement is not actually hearsay, the statement can come into the record. In a recent case before the Arizona Court of Appeals, Division One, the defendant tried to appeal his convictions and sentences for aggravated driving under the influence. According to the defendant, the trial court incorrectly admitted hearsay when it allowed a testifying police officer to indicate that a witness told him that the defendant had hit a nearby pole with his car.

The court, however, determined that this statement was not hearsay. The officer did not provide the statement for “the truth of the matter” (to show that the defendant hit the pole), but instead to provide context for how he got involved in the case to begin with. Because the statement was offered for this second purpose, it was admissible in court. Therefore, the defendant’s appeal had no merit.

If you are facing charges for a vehicular crime in Phoenix, you need an attorney that is well-versed in criminal defense strategy and can use the rules surrounding hearsay to your advantage. By hiring a Phoenix vehicular crimes attorney you can trust, you can give yourself the best chance at getting your charges dropped entirely.

Do You Need a Phoenix Vehicular Crimes Attorney You Can Trust?

At the Law Office of James E. Novak, we provide the highest quality legal representation for our clients. If you need a Phoenix vehicular crimes attorney by your side, there is no wiser choice than James E. Novak. We fight to win, and we don’t give up on making sure your rights are well protected.

To learn more about the legal services we provide, call us at the Law Office of James E. Novak for a free and confidential consultation at (480) 413-1499. You can also fill out our online form to tell us about your case and have an attorney reach back out to you as soon as possible regarding next steps.