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Transcript:

Many times in criminal cases, especially domestic violence cases, we hear people say, well, it's not a case. There's no evidence. It's all he said. She said, The problem is legally what someone says is evidence. Now I want to dig into this for a minute. The idea of He Said, She Said, so in other words, saying there's no evidence of anything broken or no video or no pictures, those things are helpful. But in a court of law, evidence can be taken in any number of ways. So different types of evidence include police reports, pictures, 911 calls, videos, surveillance, and testimony or statements. That is where that He Said, She Said thing becomes a problem because statements are actually evidence. Now it cannot be hearsay statements. In other words, it can't be I heard that someone said, but if someone was directly there and witnessed something and then tell the police what they saw, that is evidence. So even though someone may be lying and saying something completely wrong, technically they are allowed to tell their side of the story and that is evidence that can be used against you. Now a criminal defense attorneys job is to dig in and poke holes into that and show okay, what they're saying makes absolutely no sense based on the evidence that we have otherwise. So other evidence like those videos, 911 calls pictures, but statements themselves can be and are evidence in any criminal trial. That's also why it's very important to remember that you have the right not to make a statement because your statement, if you're the he or the sheet, your statement will be used against you if you make any statements, just as their statements can be used against you in the same way