This concept of hearsay is an interesting one. People throw it around all the time, but you need to attend law school and understand what gossip is and how it works to use it effectively. Hearsay typically arises in a criminal case in LA when a witness is on the stand and one party – whether the prosecution or the defense – attempts to introduce a statement made outside of court. In other words, somebody may say something during a crime. One of the parties – the prosecution or the defense – wants to get that statement in – if you're at a preliminary hearing and some sort of a motion hearing or a trial – but if that statement was made out of court, then there's an argument that it's hearsay.

There are numerous exceptions to the hearsay rule as it relates to evidence and its presentation. For example, if somebody makes what's called an excited utterance – let's say they say, Oh my God, he's going to shoot him. Bill's going to shoot him. That statement would normally be considered hearsay, but because it was made close in time to the crime and under such circumstances – the person was under stress and excitement – whoever wants to introduce that statement would tell the judge, 'I believe this is an excited utterance, Your Honor. 'The judge, based on the circumstances and the arguments presented, would then decide whether this is an exception to the hearsay rule in Los Angeles, and the statement should come in.

Now, let's say the person who made that statement came in and said, yeah, I saw Bill shoot, and when I saw him shoot, I yelled out, oh my God, Bill's going to kill somebody. The person was there. They're on the witness stand. They're subject to cross-examination by the other party, so all that's coming in. The problem with hearsay and when it's blocked from being introduced is significant. It means the other side does not have the ability to question that witness about the statement. This lack of ability to challenge a statement if it was made outside court and the person wasn't there can significantly impact the case, potentially leading to an unfair trial or a wrongful conviction.

Another issue that I foresee regarding hearsay in criminal cases in Los Angeles is Proposition 115. This Proposition allows for the convenience of witnesses to testify to hearsay statements related to witnesses or other police officers if they're properly qualified. Now, Proposition 115 can only be used at the preliminary hearing. So, let's say, for example, in a domestic violence case, they didn't want to call the wife in to testify against the husband. The police testified to what the wife told them, and then that testimony can be introduced. A hearsay objection would be blocked because the testimony would come in pursuant to Prop 1115.

Let's take that same scenario and fast-forward to the point after the preliminary hearing, and now they can't find the wife. The question becomes, if you can't find the wife, you won't be able to get her statement in; could they obtain the statement from the preliminary hearing? The answer is no, because the wife didn't testify and was not subject to cross-examination, so this testimony will not be admissible. That's why, in domestic violence cases and other serious cases, a lot of times, the prosecutors don't like doing Prop 115 prelims because they may expose themselves to possibly not being able to get a witness there at the trial and having to dismiss the case altogether.

This concept of hearsay arises frequently. Not only are there exceptions to it, but there are also other angles that can be used to get statements in. Sometimes statements can be introduced for a non-hearsay purpose – meaning they're not being introduced for the truth of what is said, but rather for some other purpose, such as to impeach someone. That would be a perfect example. If somebody said something different, now, you have a hearsay statement. You can impeach them with that statement; then that would be a very effective form of impeachment, and it would also get around the hearsay rule. Other non-hearsay purposes could include establishing the declarant's state of mind or proving the statement's effect on the listener.

So, being a skilled criminal defense attorney in Los Angeles, you've got to know how to deal with hearsay – how to block the prosecutors from getting hearsay statements in against your client and how to get statements in that you want in and get around the hearsay rule, of course in an ethical and professional strategic manner, and only the best criminal defense attorneys can do this. When looking for a criminal defense attorney, ensure you find one with this ability, as you never know the direction a criminal case will take in Los Angeles. Your attorney has to have all the tools and weapons necessary to defend you properly.