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Hearsay Denver Lawyer | Hearsay Rule in Colorado Courts

Posted by Terry O'Malley | Sep 19, 2016 | 0 Comments

Under the Colorado Rules of Evidence is an evidence principle called hearsay. Hearsay is a complicated term because of the long list of exceptions to it in Denver, Colorado. These exceptions are difficult to understand even for a criminal defense attorney and they can greatly affect whether evidence in your criminal case is admissible in Colorado courts. Sometimes this rule makes no sense, while at other times it does.

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Hearsay Lawyer in Arapahoe County: Definition of Hearsay

Under the Colorado Rules of Evidence, under Rule 801, “hearsay” is defined in Arapahoe County and across Colorado as:

“A statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.”

Under this definition, a “declarant” is the person who makes the statement. For example, let's say a witness testifies that another witness (declarant) told him that the defendant stole a woman's purse on the light rail. This would be considered hearsay. There are also statements which are not hearsay, however. These statements are called “Prior Statement by Witness” and “Admission by Party-Opponent”.  Hearsay is not admissible in court except under certain circumstances, which are discussed below.

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Hearsay Exceptions in Douglas County and Adams County, Colorado

In Douglas County and Adams County, Colorado, there are hearsay exceptions listed under Rule 803. Hearsay is inadmissible in court, except for the following exceptions:

  1. Spontaneous present sense impression
  2. Excited utterance
  3. Statements for purposes of medical diagnosis or treatment
  4. Then existing mental, emotional or physical condition
  5. Recorded recollection
  6. Learned treatises
  7. Public records and reports
  8. Records of regularly conducted activity
  9. Absence of entry in records kept in accordance with the provisions of (8)
  10. Records of documents affecting an interest in property
  11. Statements in documents affecting an interest in property
  12. Reputation as to character
  13. Records of vital statistics
  14. Absence of a public record
  15. Records of religious organizations
  16. Family records
  17. Judgment of previous conviction
  18. Reputation concerning boundaries or general history
  19. Statements in ancient documents
  20. Market reports, commercial publications
  21. Marriage, baptismal and similar certificates
  22. Records concerning personal or family history
  23. Judgment as to personal, family or general history of boundaries

There are also exceptions to hearsay for statements made by a child victim of an unlawful sexual offense against a child or of child abuse in Colorado. These exceptions are also complicated to understand and should always be discussed and analyzed by a knowledgeable criminal defense lawyer who specializes in child sex crime cases.

Hearsay Jefferson County Attorney | Why You Need a Criminal Defense Lawyer

If you're facing accusations of a crime such as Assault, Sexual Assault or Arson in Jefferson County or any other area of Colorado, call an experienced criminal defense lawyer immediately. Failure to analyze evidence properly under the hearsay rule and exceptions can make it challenging to prove your innocence in court. Evidence which is vital for helping your criminal defense lawyer win your case could be kept out of court or be inadmissible. Don't try to figure out hearsay and its exceptions by yourself or with an inexperienced public defender. Instead, call the top criminal defense lawyers at the O'Malley Law Office, who have experience analyzing hearsay and its exceptions to help win criminal cases across Colorado.

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If you or someone you love is facing criminal charges anywhere in Colorado and have questions about hearsay, the hearsay rule and hearsay exceptions, be smart and exercise your right to remain silent. Then, contact the best criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.Request a Free Consultation

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About the Author

Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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