Can You be Charged With Murder Based on Hearsay Allegations

My question involves police conduct in the State of: NM can they charge me on hearsay accusations when I clearly knew nothing about the details of the incident

To prosecute a homicide charge, the prosecutor must establish probable cause that the crime occurred and that the defendant is the person who committed the crime. That requires admissible evidence.

Quote:

---

Quoting Morena

---

My question involves police conduct in the State of: NM can they charge me on hearsay accusations when I clearly knew nothing about the details of the incident

---

The definition of hearsay in evidence law is different than what most nonlawyers seem to think it is. New Mexico rule of evidence 11-801(C) defines hearsay as:“a statement that (1) the declarant does not make while testifying at the current trial or hearing, and(2) a party offers in evidence to prove the truth of the matter asserted in the statement.”

Hearsay is generally not admissible, but there are exceptions.

Under that definition, if the state wanted to put on Ann to testify at Claire’s trial on charges of murdering David that “Barry told me he saw Claire shoot David” that statement would be inadmissible as hearsay because Barry’s statement to Ann was made outside the trial and is being offered to help prove that in fact Claire shot David. The state would have to instead put Barry on the stand himself to testify as to what he saw Claire do. Note that Barry’s testimony of what he saw Claire do is NOT hearsay and would be admissible in Claire’s trial.

So it matters very much what statements you have in mind as to whether they are admissible and whether they may be enough to establish probable cause.