Freedom, NH asked in Family Law and Sexual Harassment for New Hampshire

Q: Can you be convicted on hearsay alone no evidence. Just a person's word against yours I have pretrial over phone call

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1 Lawyer Answer
Andrew S. Winters
Andrew S. Winters
  • Concord, NH
  • Licensed in New Hampshire

A: Hearsay is generally not admissible although there are exceptions. It is a complicated area of the law. For example, an out of court statement by one of the parties to the case is not considered hearsay. So, if a criminal defendant makes a statement to the police after he is arrested, that statement can be used at trial (unless prohibited by some other rule).

From the way you phrased your question it is possible you are misunderstanding what hearsay is. Hearsay is when a witness testifies about an out of court statement by another person. If a witness testifies to what they have personal knowledge of, that is not hearsay. So a "person's word" is not hearsay and, if it lays out all of the elements of a crime, is sufficient to convict. If it comes down to one witnesses' word against another then it is up to the judge or jury to decide who is more credible.

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