Q: How can I fight a vilotion of cannabis that was hearsay rather than proof of it.
A: The most important thing one can do if facing a criminal charge, is to get help from a defense attorney. The Minnesota Court's Rules of Evidence contain a "Rule Against Hearsay." Hearsay is an "out of court statement, offered for the truth of the matter asserted." The reason for the rule against hearsay is that it is considered unreliable, untrustworthy, But the Rules of Evidence contain many exceptions to the Rule Against Hearsay. The exceptions are situations where people think there may be reasons to believe the hearsay is reliable enough, or trustworthy enough, to allow into evidence at a trial. In criminal cases, the Constitution's "Right to Confront" witnesses against the defendant provides an additional layer of legal protection. So, even if some hearsay falls under an exception to the Rule Against Hearsay, it could still violate the defendant Confrtation Rights. Another common area of concern for hearsay in marijuana cases, is the use of hearsay as police "probable cause" in a Search Warrant Affidavit. Much hearsay that would not be allowed in at trial, may be allowed by a judge to justify a search warrant in a Search Warrant Affidavit. But not all. So, as you can see by now, a defendant will benefit greatly by having a good criminal defense attorney help investigate, research and litigate these issues. So, the best way is to get a lawyer.
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