WHAT ARE THE ODDS AGAINST ME IF I AM CHARGED WITH MURDER AND THE PROSECUTOR HAS ONLY HEARSAY EVIDENCE?

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WHAT ARE THE ODDS AGAINST ME IF I AM CHARGED WITH MURDER AND THE PROSECUTOR HAS ONLY HEARSAY EVIDENCE?

I WAS ARRESTED FOR MURDER IN NORTH MIAMI, FL. BECAUSE SOMEONE PLACED ME AT THE SCENE OF THE CRIME BUT THE ONLY EVIDENCE AGAINST ME WAS THAT I WAS WITH THE PERSON THAT IS A CO-DEFENDENT. THAT PERSON IS TRYING TO PUT THE WHOLE THING ON ME. I HAVE NO CRIMINAL HISTORY AND AM ONLY 18. THEY HAVE NO FINGER PRINTS. I HAD NO GSR ON MY BODY WHEN THEY TESTED ME, NO FOOTPRINTS OR ANYTHING. THEY ARRESTED ME BEFORE AND LET ME GO BECAUSE OF THE LACK OF EVIDENCE AND I WAS RE-ARRESTED BECAUSE I WAS CALLED TO COURT TO TESTIFY AND DIDN’T SHOW. NOW I AM BEING CHARGED WITH MURDER.

Asked on June 10, 2009 under Criminal Law, Florida

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

The definition of hearsay is "an out of court statement offered into evidence to prove the truth of the matter asserted."  An example of hearsay would be if witness x testifies that someone else said that they saw you at the crime scene.  What you have described does not sound like hearsay.  Rather, it sounds like you have a co-defendant placing you at the scene of the murder.  This is a very serious matter.  Although you point out some potential weaknesses with respect to the state's case, it is possible that you could be convicted based upon a witness identification.  Therefore, I strongly suggest that you consult with and/or retain an experienced criminal defense attorney in North Miami, FL, immediately in the interest of formulating the best possible defense.


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