Criminal defense is rarely as exciting in the real world. Trial by surprise or ambush is also strictly forbidden. Many of the best criminal defense strategies are implemented before trial. Every case is unique and an experienced criminal defense lawyer is the best resource for information regarding possible defenses.
Here are some common ways that a Florida criminal defense lawyer may be able to fight criminal charges.
Pre-Trial Motions and Constitutional Challenges
A motion to suppress evidence is one of the most powerful tools a criminal defense lawyer has. If, for example:
- Although evidence was collected pursuant to an arrest warrant, the officer did not have probable cause to arrest the suspect
- If a warrant was not required, evidence was obtained through illegal searches and seizures.
- While being interrogated, the defendant confessed to making incriminating statements. However, the police did not inform them of their Miranda Rights.
It is possible to exclude evidence that was obtained in violation of the U.S. Constitution and Florida Constitution. This means that the prosecution won’t have to inform the jury about the evidence if they take the case to trial. The prosecution’s case is weakened by the exclusion. The prosecution might even admit that the evidence they have excluded is crucial to the case and drop the charges before a trial.
Not all pre-trial motions are related to Constitutional issues. A criminal defense attorney might be able to exempt evidence from the trial if it violates the Florida Evidence Code. This could include:
- Hearsay testimony that is not admissible
- The jury will be convinced by the evidence of past actions.
- Some types of evidence are character-based
- A photograph or recording without proper authentication, such as one that does not include testimony or an affidavit, is not authenticated.
These are just a few of the many ways that an experienced criminal defense attorney may be able to make a difference in a case or get the charges dropped before a criminal trial begins. A seasoned defense lawyer can also fight criminal charges in many other ways.
This post was written by Okoye Morgan Jr., a lawyer with extensive knowledge as the best criminal defense lawyer in Tampa. Okoye is one of the founding partners of The Black Law Company, specializing in personal injury law, trust and estate law, civil litigation law, and criminal defense.
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