What Types Of Evidence Can Be Used In A Criminal Trial In Florida

1. What Types Of Evidence Can Be Used In A Criminal Trial In Florida? Presented by The Kirlew Law Firm

2. If you are facing criminal charges in Miami, Florida, you will have to appear in court and face the charges against experienced prosecutors. Criminal judges have the power to hand down severe punishments such as imprisonment, fines, and lengthy probation. Any felony criminal conviction will result in losing your ability to vote, own and possess a firearm, and affect housing and employment opportunities. You must work with a reputable law firm in Miami and understand what types of evidence can be used in criminal trials in Florida and what you can do to exclude that evidence, confront it and use it for a favorable resolution.

3. When you are charged with a crime, the evidence against you can seem insurmountable at first. However, there are many ways to attack the prosecution's case and the evidence they will try to use against you. An experienced criminal defense lawyer in Miami will know what types of evidence can be used in a criminal trial in Florida and how to attack it, how to exclude it, and use it for your defense. Testimonial Evidence The most common type of evidence used is testimonial evidence. This evidence is what witnesses saw or heard when an incident occurred that gave rise to the criminal charges. People will often confuse testimonial evidence with hearsay. They will say that is “he said, she said”. However, that is exactly what testimonial evidence is “he said, she said”. The difference is that a person who observed an incident or heard something must testify live in trial for their observations to be considered by the jury. That witness is subject to cross- examination by the defense attorney. Hearsay, on the contrary, is evidence that someone said something outside of court and using that evidence as substantive evidence in a trial. Hearsay, with a few exceptions, is impermissible evidence and cannot be used in the trial and considered by the jury in finding their verdict.

4. Video and Audio Recordings In Florida, video and audio recordings are admissible as evidence in a criminal trial if they are authenticated and the chain of custody is unbroken. This means that the person who obtained the recording must testify that it is an accurate representation of what happened and that it has not been altered in any way. There is one exception, however; the silent witness theory. Under this theory, if a video or recording shows what it purports to show, like a shooting, the state can introduce that evidence even if no witness is available to testify to its authenticity other than the police offer who obtained it. Additionally, the person who had possession of the recording at each stage from its creation to the present day must also testify. If there is any doubt about the authenticity or chain of custody of a recording, it may not be admissible as evidence.

5. Written Statements Writtenstatements are by definition hearsay. Anything that someone wrote outside the presence of the jury and prior to the trial is hearsay and inadmissible in a trial. There are a few exceptions, however. Written statements made by Defendant are admissions and admissible evidence. Written statements that contradict a witness’s testimony in the trial can be offered to impeach the credibility of that witness. Additionally, written statements by an expert can be admitted as evidence in a trial. Expert Witnesses Another type of evidence that can be used in a criminal trial in Florida is the testimony of an expert witness. An expert witness is someone who has special knowledge or skills in a particular area. The most common kind of expert offered in criminal trials is a drug recognition expert that can testify that a substance that is alleged to have been in the possession of the Defendant is in fact a particular controlled substance and therefore illegal under Florida law. In homicide cases, the medical examiner that performed the autopsy on the deceased is also an expert witness.

6. The medical examiner can testify to the manner of death of the victim, whether the victim had controlled substances or alcohol in their system or other comorbidities that the victim had at the time of their death. In a fraud or theft trial where a common plan or scheme was used to defraud a party, an expert witness who is familiar with that type of business could testify about what is typically done in that type of business and whether the actions you are accused of taking are out of the ordinary. Prior Inconsistent Statements One type of evidence that can be used in a criminal trial in Florida is prior inconsistent statements. This type of evidence can be used to tackle a witness's testimony. This is what we call impeachment evidence. It is not offered to prove that a particular witness must be believed, but on the contrary, to show that their prior inconsistent statements make them an unreliable witness whose testimony should be disregarded by the jury. For instance, let’s say a witness testifies that the defendant was at the crime scene and committed a burglary, but the witness previously told the police that the defendant was not at the crime scene. In that case, the prior inconsistent statement can be used to impeach the credibility of that witness and cause the jury to dismiss the witness's testimony altogether.

7. Contact a Criminal Defense Lawyer When you are facing criminal charges, the type of evidence presented in your trial can significantly impact your case's outcome. The best way to ensure that all of the evidence that is favorable to your defense is presented and evidence that is unfavorable is either excluded or adequately confronted is to contact a Miami criminal defense lawyer Brian Kirlew, Esq. Contact our offices at 305- 521-0484 or visit us online at www.kirlewlawfirm.com to talk about the evidence in your case.

8. CONTACT US (305) 521-0484 https://kirlewlawfirm.com/ 2103 Coral Way, Suite 306 Miami FL 33145