The Defense of Your Case
Every case is different, and no two cases have the exact same factual allegations. However, it is our job as criminal defense lawyers to analyze your case and determine the best way to attack the prosecutions case. Are there factual disputes? Are there timeliness issues? Are there self-defense issues that must be explored? In order to make understand the charges and the allegations against our clients we file a demand for discovery.
Florida Rules of Criminal 3.220 provides that “by filing with the court and serving on the prosecuting attorney a “Notice of Discovery” which shall bind both the prosecution and defendant to all discovery procedures contained in these rules.” This discovery obligation means that the prosecutor must disclose to us and permit us to copy, test, or photograph:
- all the names and address of any person that has information relevant to any offense charged or defense to the charge,
- the statement of any person who has relevant information
- any written or recorded statements made by the defendant or co-defendant
- all papers or objects that were obtained from the defendant
- whether the government has any information that was provided by a confidential informant
- whether there is any electronic surveillance, including wiretapping evidence
- reports or statements of any experts
- any papers or objects that the prosecutor intends to use that were not obtained from the defendant
- any objects in the possession of the police that could be tested for DNA
- whether any state material was provided by an informant
Once we have received the discovery, we will have an opportunity to review that material, and you will have the opportunity to review it as well. The rule of criminal procedure also allows us to conduct a deposition. A deposition is a process where we will be able to conduct an interview of a witness who is under oath and a court reporter is typing everything that is said. The reason for taking a deposition is to better understand what a witness would testify to at trial, look for inconsistencies in past statements, and determine if other evidence or witnesses exist. The government also has the ability to depose our witnesses.
Once we have the opportunity to review the discovery and take the depositions we then look into the best defenses and strategy to further your case. These defenses may include pretrial motions, trial motions, or determining if there is sufficient evidence to prove the case.
Pretrial motion may include motions to suppress. A motion to suppress asserts that the law enforcement did not have a right to stop you or seize the evidence that government is using to prove their case. The government violate the 4th Amendment and use the evidence to prove that a crime had occurred. An example would be stopping a car without a valid reason or searching a car without a warrant or without probable cause.
Another pretrial motion to suppresses is for a violation of your 5th Amendment Rights, or Miranda rights. Did the police read your Miranda warnings? Did they deny your request for an attorney before questioning you? Did you tell them to did not want to answer questions but they persisted?
Other pretrial motions that may filed are:
- A motion to dismiss due to Statute of Limitations
- A motion to dismiss for Self-Defense
- A motion to dismiss due to a violation of Speedy Trial Rules
After examining the government’s evidence we feel that a trial is the best way to resolve the case. At trial we will attempt to prove that the government cannot prove beyond and to the exclusion of a reasonable doubt that a crime occurred. This is often referred to a examining the sufficiency of the evidence. Alternatively, we may present Affirmative Defenses. Affirmative defenses argue to the jury that yes the conduct alleged by the prosecutor is correct , but you were legally justified in that behavior.
The examination of your case by an experienced criminal defense attorney is an important and potentially life altering decision. The attorneys at Moses and Rooth have over 30 years of combined experience to assist you. Let us review your case. Call today for a free initial consultation or submit a message online.