If there is no evidence what so ever against me in a crime and all it is HEAR SAY than will my case really go far? 21 Answers as of October 23, 2012

Someone is accusing me of Aggravated Assault with a deadly weapon but the detectives have no evidence what so ever against me. It’s all just hear say. What will happen?

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Law Office of John Schum, LLC
Law Office of John Schum, LLC | John Schum
It is not often that the State will proceed on a case if all they have is hearsay evidence. If that is truly the case, there is a good chance you could win this case. My instincts tell me that this is not the case and that they have more. It may not be much more, but probably enough evidence for the State to think it could get a conviction. You need to be represented by counsel to ensure that you have your best chance for a favorable outcome.
Answer Applies to: Hawaii
Replied: 10/23/2012
Law office of Robert D. Scott | Robert Scott
More details are needed to address your question.
Answer Applies to: Maryland
Replied: 10/23/2012
Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
Hearsay is enough to hold a complaint against you and begin a case against you - after that then it would be up to the prosecutor to speak to the complainant and see if they believe them, if they drop the ball then it will be up to the Judge or Jury to figure out who's telling the truth... I would HIGHLY suggest hiring a good attorney if you're able too.
Answer Applies to: New York
Replied: 10/23/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
It depends on a lot of factors. No one can tell you sitting here what the prosecutor will do or how a Jury will hear the evidence.
Answer Applies to: Texas
Replied: 10/23/2012
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
Yes, it could get you convicted.
Answer Applies to: Nebraska
Replied: 10/22/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If someone is saying that they saw you commit the crime or they heard you confess to committing the crime, those things are not hearsay. Hearsay would be for example if I testified "I heard Pete say that he saw Sam commit the crime" However if Pete says "I saw Sam commit the crime" that is eyewitness testimony not hearsay.
    Answer Applies to: Michigan
    Replied: 10/22/2012
    Mary W Craig P.C. | Mary W Craig
    If the "someone" is not the victim, the police will contact the victim to see if the story is true. If the victim confirms the story, then the police have direct evidence with which to charge you. If the victim denies the allegations, then the police will have nothing to go on, and the case won't go far at all.
    Answer Applies to: Alabama
    Replied: 10/22/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Your case will go far because you are stupid. HEARSAY is evidence. There are at least 50 exceptions to the hearsay, which make hearsay relevant evidence at a trial. Therefore hearsay may be evidence in your case, which means there is evidence. More importantly, the victim telling the police that you shot at him/her is not hearsay. You are stupid. What will happen? You will use your brain to make the wrong decision about a plea. You will go to trial, and get convicted, and get prison time. And tell you bunkmate that there was no evidence, only hearsay, because you are stupid.
    Answer Applies to: Georgia
    Replied: 10/22/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    There are plenty of people in prison right now who claimed that the state had no evidence whatsoever against them but hearsay. You do not fully understand hearsay, and neither do many attorneys and judges. There are many, many exceptions to the hearsay rule. It is not hearsay if someone testifies that you held a gun to their head. That is direct evidence. It might be lies, but it is evidence sufficient for a conviction. Hire private counsel.
    Answer Applies to: Florida
    Replied: 10/22/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    If all the evidence against you is hearsay, it is all inadmissible. Therefore, no evidence would be admitted. You can't be convicted if the prosecution submits no evidence of your guilt. If the facts are as you say, the case should be dismissed at the preliminary hearing stage. However, you should be cautious. Are you certain all of the evidence is hearsay? Or, are you referring to circumstantial evidence? Hearsay is testimony that somebody else (other than the person testifying) said, heard or saw something (e.g. "My friend Joe-Bob said he saw the defendant running out of the bank with a gun in one hand and a big bag with a dollar sign on it in the other"). Circumstantial evidence is indirect evidence that tends to show you might be guilty (e.g. videotape that shows someone about the same size and height as the defendant robbing the bank, but doesn't show his face). Circumstantial evidence is admissible. It's just not as strong as direct evidence. There are also many exceptions to the hearsay rule. Even if all the evidence is hearsay, some or all of it may be admissible under one or more exceptions. You should consult an attorney immediately.
    Answer Applies to: California
    Replied: 10/22/2012
    VANJOHNSON LAW FIRM, LLC | Anthony Overton Van Johnson
    If there is no evidence whatsoever against a Defendant, usually prosecutors won't prosecute the case. The problem is, often individuals charged with a crime believe that there is no evidence as a result of not understanding the law.
    Answer Applies to: Georgia
    Replied: 10/19/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    If there is no admissible evidence against you. You will win.
    Answer Applies to: Nevada
    Replied: 10/19/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Something will happen. What happens depends on proofs against you and the effort of your lawyer. Protect yourself or you may find yourself sitting in prison.
    Answer Applies to: New Jersey
    Replied: 10/19/2012
    Universal Law Group, Inc. | Francis John Cowhig
    I'm not sure what you mean by no evidence against you, just hearsay. If the person accusing you of the assault testifies in court, his testimony and the testimony of any other witness is the evidence against you. If you have not done so already, I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
    Answer Applies to: California
    Replied: 10/19/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    The statement of "A" under oath in a court before a jury that you assaulted him with some weapon is not hearsay. It is direct evidence of an event and if believed is sufficient to convict. Hearsay evidence can be admitted into evidence. At a preliminary hearing, in CA, cop can say victim told him that Defendant assaulted him. Hire an attorney.
    Answer Applies to: California
    Replied: 10/19/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    When a person comes to court and testifies to what they saw happen it is not hearsay. If you are charged with a crime and the only evidence against you is the word of the alleged victim then that would not be hearsay and you can be taken to trial on this case.
    Answer Applies to: California
    Replied: 10/19/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You are mistaken. The evidence against you is no hearsay, which is defined as an out-of-court statement coming in during the trial. The witness will be subpoenaed, and will appear at your trial to testify. That is not hearsay!
    Answer Applies to: California
    Replied: 10/19/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Hearsay is admissible in some situations. It depends on the facts. Don't make it worse by talking to the cops.
    Answer Applies to: Washington
    Replied: 10/19/2012
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    The thing you need to understand about hearsay is that you do not understand hearsay. It is very complex legal doctrine that most lawyers do not even understand. Hearsay is a statement made out of court for the truth of the matter asserted. There are more than a dozen exceptions to the hearsay rule. The most important exception for you to keep in mind is the exception that makes admissible all statements made by a criminal defendant. The most important thing for you to do, is to keep your mouth shut; do not speak about your case to ANYONE other than your lawyer especially the police. You should retain a lawyer immediately and discuss your case.
    Answer Applies to: Montana
    Replied: 10/19/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    A case based on hearsay alone cannot stand. However, be careful in your assumptions. For starters, hearsay isn't as cut and dry as non-lawyers believe. There are many, many exceptions to the hearsay rule. There are countless books of considerable length on the subject of hearsay evidence. It's complicated. So don't be too comfortable with your personal opinion on whether something is hearsay or not. Second, don't assume that they don't have any other evidence. In sum, you need a lawyer.
    Answer Applies to: California
    Replied: 10/19/2012
    Hamblin Law Office | Sally Hamblin
    The police will continue their investigation hoping to find more evidence. Do not talk our communicate in any way to anyone involving the incident. If the police chooses they will erin the evidence by the prosecutor for review. Stay away from the victim.
    Answer Applies to: Michigan
    Replied: 10/19/2012
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