Legal Question in Criminal Law in Michigan

Can verbal statements given to police be used in court if they have not been verified or signed? Would the statement be admissable or is it hearsay? Do the courts have to contact the witness that their statement will be used?


Asked on 12/16/13, 9:29 am

3 Answers from Attorneys

Jared Austin Austin Legal Services, PLC

Yes, verbal statements can be used. Whether or not it is hearsay depends on what the statement is being offered for and who said it. It could also be hearsay but there could be a hearsay exception that would allow it into evidence. As a general rule, statements made by a defendant are admissible into evidence as a statement by a party opponent.

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Answered on 12/16/13, 9:41 am

Verbal statement made out of court are normally hearsay. There are some exceptions to the hearsay definitions but the particulars of the statement need to be reviewed by an experienced criminal defense attorney for advice about whether they are admissible. Typically, courts don't contact witnesses. That's not their job.

You can read more at: www.AggressiveCriminalDefense.com

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Answered on 12/16/13, 11:09 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

"Verbal statements" can never be "signed", so the answer to that part of your question is No. A lay person's understanding of hearsay is that "nothing said outside of a courtroom can be used inside the courtroom." But that's not true because it is not that clean or simple. Whether the statement made outside of court is admissible is a complicated legal issue that can't be answered here because you haven't given us enough information. For example, who made the statement (a party to the case, or someone else with knowledge of important facts)? As noted earlier by another attorney, as a general rule, any admission made by one party to the case can be admitted directly by "the other side/party" to the case (ie, you're stuck with having said stupid things you've said) but the person who made the statement cannot use it in his / her own primary proofs. Also, what kind of legal case is it (civil vs. criminal), and what kind of hearing is it (pre-trial motion vs. adjudication trial vs. sentencing vs. probation violation hearing, etc.)? For some hearings, the Rules of Evidence do not apply so issues like 'hearsay' might not block the use of the statement. Also, what's the statement being used to prove, and is that issue even relevant to what the court has to decide in the upcoming hearing? Attorneys have to sift through these issues (and more) to determine if the statement can be legally admissible. And judges have to sift through the circumstances and the attorneys arguments and make the final decision about admissibility.

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Answered on 12/16/13, 11:36 am


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