QUESTION

Is my case involving admission by party opponent or a statement against interest?

Asked on Dec 09th, 2011 on Criminal Law - Texas
More details to this question:
Please help me figure out my case. My wife told police that "I said" that I committed a crime. Is this admission by party opponent or a statement against interest? There is no corpus delicti.
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2 ANSWERS

Drug Charges Attorney serving Houston, TX at Cynthia Henley
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Sounds like a statement against penal interest which would make it admissible though hearsay.
Answered on Dec 19th, 2011 at 11:20 AM

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Criminal Law Attorney serving Houston, TX
Partner at Thiessen Law Firm
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It is hearsay and you have a right to confront your wife if she says you said that. If she doesn't get up then your proper argument is confrontation clause violation. If she does get up and say it, then it is a statement against interest hearsay exception. But all depends on the Judge on matters like this.
Answered on Dec 13th, 2011 at 7:27 PM

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