Can You Be Charged Based on Hearsay in Massachusetts?

In Massachusetts, you can be charged with a crime based entirely on hearsay, but that doesn’t mean the case will hold up in court.

Hearsay is an out-of-court statement offered to prove the truth of what it says. Normally, it’s not admissible at trial unless an exception applies. But during the early stages of a case, like a criminal complaint application or clerk magistrate hearing—hearsay can be enough to establish probable cause.

That means police reports, secondhand accusations, or 911 calls can lead to charges, even if the person who made the statement never appears in court.

Once the case moves forward, though, the rules change. You have the right to confront your accuser. If the Commonwealth tries to use hearsay at trial, it can often be challenged and excluded, unless it fits one of the narrow exceptions under Massachusetts law.

I’ve fought plenty of cases where hearsay was the only thing holding the case together. When challenged the right way, that kind of evidence can fall apart, and so can the charges.