|
Home > Orlando Criminal Defense > Defending Criminal Charges in Florida
:: Defending Criminal Charges in Florida
The truth is that criminal cases are successfully challenged on a regular basis. In determining the best way to defend a client's case, the first thing that be must determined is where a client's case falls based upon the evidence the Government has and the evidence the client has. Generally a client's case will fall into one of five categories:
- Those who are factually innocent,
- Those who have been overcharged,
- Those where the evidence against them was illegally obtained,
- Those where the guilt can not be shown beyond a reasonable doubt, and
- Those who are guilty and need an attorney to obtain the absolute best result possible.
Once I have determined what category a client's case falls into I can then chart the best path to obtaining a dismissal, or acquittal. Importantly, before a trial is ever held, a criminal charge can be challenged on constitutional, legal, or administrative grounds. A successful challenge can result in key prosecutorial evidence being thrown out or an outright dismissal of the charges.
The Most Common tools utilized to challenge criminal charges are:
So what does all of this mean? Simply put, the State needs all of their evidence to prevent a Court from dismissing the case due to lack of evidence or in order to present a strong case to a jury to prove a case beyond a reasonable doubt. If one link in the State's case is challenged and results in key evidence being thrown out (suppressed), the State may be prohibited from proceeding or forced to negotiate a deal to a lesser charge. In criminal defense, winning one battle can result in winning the war!
A motion to suppress is a pleading that seeks to exclude certain evidence from being presented at trial because it was obtained as a result of police misconduct. The most common basis for filing a motion to suppress is when law enforcement conduct a warrantless search or seizure of your person, home, or vehicle in violation of your fourth amendment rights to be free from unlawful search or seizure. The reason that courts suppress evidence that is illegally obtained is so that law enforcement is not rewarded for obtaining evidence illegally.
Another common piece of evidence that can be attacked is a person's confession or an admission against interest. If you do say something incriminating to law enforcement, I may be able to suppress your incriminating statements. Generally, statements are challenged for either being obtained without informing a suspect of their right to remain silent or were obtained as a result of coercion
One of the most well known Miranda Warnings states: "Anything you say can be used against you in a court of law." However, contrary to popular belief, an officer does not have to immediately read you your rights when encountering you. An officer only has to read you your rights when you are under arrest, or if you are no longer free to leave. Once an officer reads you your rights you should politely decline to speak with him any further and request an attorney.
The biggest exception to your right to remain silent occurs when you make a spontaneous statements. A spontaneous statement is one that is volunteered without being asked a question. Any spontaneous statements you make before or after being read your rights can be used against you, regardless if other statements are thrown out due to illegal police misconduct.
Contrary to popular belief, motions to dismiss are seldom filed in criminal court and are rarely granted. The reason is that unlike a civil case, a prosecutor only needs enough evidence to satisfy a probable cause standard to proceed forward. Also, even if every witness the State lists is a known liar, the credibility of the witness cannot be challenged through a motion to dismiss, but must be decided by a jury.
There are three common basis' to file a Motions to Dismiss. The first is known as Motion to Dismiss on factual grounds and it alleges that the the undisputed facts in the State's possession do not support a crime under Florida law. The second is known as Motion to Dismiss for Violation of the Statute of Limitations and alleges that too much time has passed between the commission of the alleged crime and the current prosecution. The final basis is a Motion to Dismiss for violation of the Speedy Trial Rule and can be filed when the State has failed to bring you to trial within a specific period of time with no fault of the delay being attributable to you.
The most well known aspect of a criminal case is the right to a trial by jury. Unfortunately though, it is also the least common way that a criminal case is resolved. Statistics show that less than ten percent of all criminal cases actually proceed to trial. This is mostly due to crowded court dockets, overzealous prosecutors, and mandatory sentencing schemes. That is why it is important to hire an attorney who actively tries cases on a regular basis and has a proven track record.
When all other legal defenses have been exhausted and you are unwilling to accept anything less than a dismissal, it is often necessary to present your case to a jury to prove your innocence. Importantly, I conduct jury trials regularly and I have the experience to take your case to trial. Any good trial attorney will tell you that a prosecutors case always looks much better on paper than it really is. Once a trial starts, a successful defense attorney can build a rapport with a jury, exclude damaging evidence, discredit key state witnesses, and highlight the weaknesses in the State case.
Most importantly, I believe that a client should almost always plan on testifying in their defense. I believe that there can be no greater reasonable doubt than when a person looks the jury in the eyes and explains why they are innocent of the crimes for which they are charged. It is this philosophy that I believe has resulted in many of my clients acquittals and a philosophy that separates me from many other run of the mill defense attorneys.
:: Contact Orlando Criminal Lawyer Richard Hornsby
Please contact Orlando Criminal Lawyer Richard Hornsby 24 hours a day, 7 days a week, if you or a loved one have been arrested or ar e under investigation. Mr. Hornsby is available any time, day or night, to advise you regarding the proper course of action to take. The initial consultation is free and Mr. Hornsby will respond promptly to provide you with the criminal representation you deserve.
Home > Orlando Criminal Defense > Defending a Criminal Charge in Florida
|
