One of the most commonly misunderstood concepts in criminal law is hearsay. It frequently comes up in conversations with clients who believe that any statement made outside of court, especially an accusation, can’t be used against them. Many people assume that hearsay evidence is automatically inadmissible. But the truth is a bit more complicated.
So what exactly is hearsay, and how does it apply in South Carolina criminal cases?
Understanding the Legal Definition of Hearsay
At its most basic, hearsay is a statement made outside of the courtroom that’s being used in court to prove the truth of what it says. According to South Carolina Rule of Evidence 801(c), hearsay is defined as:
“A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the matter asserted.”
In plain language, that means if someone says, “He told me he saw the defendant do it,” and that statement is introduced in court to prove the defendant actually did it, then it's hearsay. Witnesses may also testify to circumstances they don't have direct knowledge of, and this can also be considered hearsay.
How Hearsay Fits into the Rules of Evidence
In a criminal trial, every piece of evidence must comply with strict legal requirements. The Rules of Evidence control what can—and cannot—be presented to the jury. This includes everything from witness testimony to photographs, videos, documents, and physical objects. Evidence is a field of law all unto itself, for example at the University of South Carolina School of Law there are multiple semester length courses solely focused on understanding and applying the Rules of Evidence in various contexts.
One of the judge’s primary roles during trial is to decide whether each item of evidence follows these rules. Hearsay is generally not allowed, but there are many exceptions. For example, statements made under certain conditions—like excited utterances, prior sworn testimony, or statements against interest—may be admitted even if they technically qualify as hearsay.
You Can’t Assume All Hearsay Is Excluded
It’s a mistake to assume that hearsay is always inadmissible. In reality, the law recognizes numerous exceptions where hearsay can be allowed. Even more importantly, not everything that sounds like hearsay actually is. For example, a statement allegedly made by the defendant can often be admitted as an “admission by a party opponent,” which is not considered hearsay under the rules. Additionally, if a statement is introduced for a reason other than to prove the truth of what it says—such as to show the effect on the listener or the speaker’s state of mind—it may fall entirely outside the definition of hearsay.
Statements made by a witness while they are testifying in court, even if they are uncorroborated, are also not hearsay. This is true even if no one else can verify what the witness says. The rules only apply to out-of-court statements—statements made in court, under oath, are evaluated on their own credibility, not hearsay status.
Why Hearsay Matters in Criminal Defense
If you’re facing criminal charges in South Carolina, it's important to understand how hearsay might impact your case. Just because someone said something outside of court doesn’t mean it’s automatically excluded. Prosecutors may attempt to use hearsay evidence, and it’s up to your defense attorney to challenge its admissibility when appropriate.
At the Law Office of James R. Snell, Jr., LLC, we carefully evaluate every piece of evidence the prosecution tries to bring into court. We’ve successfully represented clients throughout Lexington, Columbia, and across South Carolina, and we know how to push back against improperly admitted hearsay.
Talk to a Criminal Defense Lawyer Today
If you’ve been charged with a crime and are worried about what might be used against you in court, don’t guess—talk to an experienced attorney. We offer free consultations, and same-day appointments are usually available. Call us today at (803) 359-3301 to learn more about how we can begin working immediately on your defense.