When someone is facing criminal charges in California, the rules of evidence can make or break a case. One of the most powerful — and often misunderstood — tools in the defense attorney’s arsenal is the hearsay rule. But what exactly is hearsay? When is it allowed? And how can a criminal defense team use it to their advantage?
In this blog post, we’ll break down the hearsay rule in California criminal cases, provide examples, explain key exceptions, and show how smart defense strategies can use hearsay laws to exclude harmful evidence and strengthen the case for acquittal.
What Is Hearsay?
At its core, hearsay refers to an out-of-court statement offered in court to prove the truth of the matter asserted.
Legal Definition (California Evidence Code §1200)
According to California Evidence Code §1200:
“Hearsay evidence is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.”
In simpler terms, hearsay is when someone tries to use what another person said — outside of the courtroom — as evidence during trial.
Why Is Hearsay Usually Inadmissible?
The general rule is that hearsay is not allowed as evidence in court because:
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The original speaker is not under oath.
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The defense (or prosecution) cannot cross-examine the person who made the statement.
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There is a risk of unreliable or false information influencing the jury.
This rule protects a defendant’s right to confront witnesses, which is guaranteed under both the U.S. Constitution (6th Amendment) and the California Constitution.
Common Examples of Hearsay
To better understand what hearsay looks like in action, here are some examples:
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A police officer testifies: “The neighbor told me the defendant admitted to the crime.”
→ Hearsay, because the neighbor’s statement is offered to prove the defendant confessed. -
A witness says: “My friend said he saw the defendant at the scene.”
→ Hearsay, because the friend is not in court and cannot be cross-examined.
When Is Hearsay Allowed? (Key Exceptions)
While hearsay is generally inadmissible, California law recognizes many exceptions where hearsay can be used in court — especially when the statement is deemed reliable or necessary.
Here are some of the most important exceptions to the hearsay rule under California Evidence Code:
1. Excited Utterance (CEC §1240)
A statement made during or right after a startling event.
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Example: A victim screams, “He hit me!” immediately after an assault.
2. Present Sense Impression (CEC §1241)
A statement describing an event as it happens.
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Example: “He’s running through the backyard right now!”
3. Dying Declaration (CEC §1242)
A statement made by a person who believes they are about to die, concerning the cause or circumstances of death.
4. Declaration Against Interest (CEC §1230)
A statement that goes against the speaker’s own interest (e.g., admitting to a crime), and the speaker is unavailable to testify.
5. Former Testimony (CEC §1291)
Testimony from a previous legal proceeding can be used if the witness is now unavailable and the opposing party had the opportunity to cross-examine them.
6. Admission by a Party Opponent (CEC §1220)
Statements made by the defendant can often be admitted against them — but not the other way around.
How the Hearsay Rule Can Help the Defense
Understanding and applying the hearsay rule can significantly benefit the defense in several ways:
1. Getting Harmful Statements Excluded
If the prosecution tries to introduce a damaging out-of-court statement — for example, a police officer repeating what a third party said — the defense can object based on hearsay.
If successful, that evidence cannot be considered by the judge or jury, possibly weakening the prosecution’s case.
2. Preventing Trial by Gossip or Rumor
Hearsay laws stop the prosecution from using unreliable second-hand information, such as:
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Anonymous tips
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Statements from unavailable or unwilling witnesses
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Rumors in the community
The defense can challenge this kind of evidence and ensure only reliable, first-hand testimony is considered.
3. Forcing Witnesses to Testify in Person
Thanks to the Confrontation Clause in the Sixth Amendment, defendants have the right to cross-examine their accusers.
If the prosecution relies on an out-of-court statement, the defense can argue: “We want the speaker in court.” If the witness is not available, the statement may be inadmissible.
4. Using Hearsay Exceptions to the Defense’s Advantage
While most exceptions to the hearsay rule benefit the prosecution, defense attorneys can also use exceptions to introduce favorable evidence, such as:
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A dying declaration clearing the defendant
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A third-party confession (as a declaration against interest)
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Prior statements from witnesses that support the defense’s version of events
Example: Hearsay Dispute in California Trial
In a recent California murder case, prosecutors attempted to introduce a jailhouse informant’s testimony that the defendant “confessed” to the crime. The informant did not testify in court, and the statement was not recorded.
The defense objected, citing hearsay and due process violations. The judge ruled the statement inadmissible, severely undercutting the prosecution’s case — and the defendant was later acquitted.
Need Legal Help? Contact an Experienced California Criminal Defense Attorney
Don’t let hearsay or questionable evidence determine your future. If you’re facing criminal charges in Southern California, the rules of evidence — especially hearsay — can dramatically affect the outcome of your case.
At Southwest Legal, we specialize in defending clients against complex criminal charges using proven legal strategies, including challenging the admissibility of hearsay. Our experienced criminal defense attorneys will evaluate your case, protect your rights, and guide you every step of the way.
Schedule a free consultation with Southwest Legal today to better understand the hearsay rule and how California law applies to your unique situation. Call us now to take the first step toward building your defense.
Frequently Asked Questions (FAQs)
Q: Is hearsay always excluded in California criminal cases?
A: Not always. There are over 20 exceptions to the hearsay rule, and whether a statement is allowed depends on the context and specific laws.
Q: Can I use hearsay to help prove my innocence?
A: In some cases, yes. There are exceptions that allow the defense to use hearsay, especially if it supports your case and meets legal criteria.
Q: What happens if hearsay is admitted unfairly?
A: Your attorney can object, ask the judge to strike the statement, or appeal the case if the evidence had a significant impact on the verdict.
