Q: Can I be charged with a crime I didn't commit based on hearsay?
I currently live in Hillsborough county Florida and my soon to be ex-husband and his Friend accuse me of having a weapon (knife) . I haven't been officially charged assault w/ deadly weapon. But the only thing is my husband (person that said I committed the crime) a couple of months ago went blind so I was wondering if that could change the trajectory of the case? I also have video of my husband threatened to knock me out a couple of days before the incident I was wondering also should I submit that to the courts? A few things I forgot to mention was he told the state that he didn't want to press charges and he wanted me back in the house with a non violent contact order. I do have medical proof that he's blind. I was wondering should I send that to the courts? There is also no video evidence of me doing said crime. When law enforcement arrived I wasn't even at the property where "the crime was committed " . I never been in trouble. I only have a public defender because I can't afford
A: Does a criminal attorney represent you? Because you are officially charged, they may have presented some evidence. You should have a professional look at the charge paper to protect yourself. By the way, "hearsay" is a term used in court. There are a lot of exceptions. You need to speak with a criminal attorney.
A:
Hearsay is a statement made about what someone said to a testifying witness. If your husband were to tell the court that although he was blind, you told him you had a knife and that you were going to attack him with it, there is an exception to the hearsay rule because it would be something you allegedly said, and that would be called an "admission". So, his testimony to that effect would be admissible. Your testimony that he was blind at the time is probably not hearsay, depending on how you know it. If you have "medical proof" that he is blind (medical records, etc.), you would need the person (doctor, etc.) who prepared those records to testify, because the medical records alone would indeed be hearsay.
But you DO have an attorney: the public defender IS your attorney. So, ask your questions of that person.
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