Orlando Lawyers - Criminal Defenses

ORLANDO LAWYERS - CRIMINAL DEFENSE, DIVORCE, DUI & PERSONAL INJURY

DEFENSES IN CRIMINAL CASES:
Each Criminal Case is unique and needs to be fully investigated for
every possible defense. Even in cases where the evidence of guilt
turns out to be overwhelming, a properly prepared defense and
presentation of mitigating facts can result in significant reductions
in penalties the Defendant receives. The following list contains
some of the defenses that may exist in a criminal case.

Suppression of Evidence - In many cases, evidence may be
suppressed due to improper search and seizures. This means
that the evidence would not be able to be used against you at trial
making it difficult or in some cases impossible for the State to
prove their case against you.

Suppression of Statements - In many cases, due to lack of Miranda warnings or improper
interrogations techniques, statements of the Defendant may be suppressed. If the State is relying
on your statement to prove their case, a suppressed statement could be the difference you being
guilty or not guilty.

Physical Evidence - This type of evidence may involve things such as DNA, fingerprints, footprints,
blood, video, photographs, tire tracks, receipts, stolen items, drugs, chemicals, etc. There are a
number of defenses which may exist regarding any physical evidence collected by law
enforcement in your case. For example:

The evidence collected not being consistent with the crime charged. Such as Injuries or the
lack of injuries which are inconsistent with the alleged actions in the case.
Improper procedures used in the collection of the evidence.
Improper testing or handling of physical evidence.
In a DUI case, whether there were any problems with the calibrations and/or maintenance of
the Intoxilyzer breath test instrument.
An inability on the part of law enforcement to establish proper chain of custody of physical
evidence to ensure that it wasn't tampered with.

Testimonial Evidence - This type of evidence involves the statements of any victims, witnesses
and police officers in relation to the crime. There are a number of defenses which may exist
regarding any testimonial evidence in your case. For example:

Contradictions between the victim, witnesses or officers version of events.
Multiple statements by the same victim, witness or officer which don't match or contradict the
other previous statements. In many cases contradictions may exist between the officers
testimony and what they wrote in their police reports.
A lack of credibility of the victim, witnesses or officers involved, including any motives to
fabricate their stories.
The mental state of any victim, witnesses or officer, including whether any of them consumed
any alcohol or drugs at the time of or prior to the event.
Whether any statements of the State or Defense witnesses were coerced.
Tainted identifications or photo lineups.
Unavailability of State witnesses necessary to prove the offense.

Inadequate Investigation or Improper Police Work - Many times law enforcement will not
thoroughly investigate a case or they may conduct improper investigations which may result in a
number of defenses in your case. For example:

Evidence not collected or tested by law enforcement that might have provided information as to
the defendant's innocence.
Any exculpatory evidence that was destroyed by law enforcement.
The officers lack of experience or training.
The adequacy or overall time spent by the officers on their investigation before reaching their
conclusions as to the accused guilt.
Whether the accused was entrapped by law enforcement into committing a crime they would
not have otherwise committed.

The Defendant's Evidence - In some cases, the Defendant may be able to provide evidence or
defenses which help show their innocence or weaken the States case against them. For example:

Alibi evidence such as hotel, ATM, or credit card receipts and/or witnesses who would place
the accused person at a different location during the commission of the offense.
Any defense witnesses that may contradict the States version of events in the case.
The mental state of the accused at the time the crime was committed.
Whether the accused was acting in Self defense.
Whether the defendant had any physical or medical conditions that may have affected them or
their performance or results on any tests
In a DUI case, whether there were any weather, lighting, road, or mechanical conditions of the
vehicle that would affect the accused driving ability.
In a DUI case, whether the condition of the ground surface or surrounding environment would
affect the performance of the Field Sobriety Exercises.

Time Limitations - In some cases, the State may be barred from pursuing the defendant for the
crime. For Example

The expiration of the Statute of Limitations for the crime charged.
The expiration of the speedy trial time from the date of arrest.

Note: It is the State Attorney's Office burden to establish and prove each and every element of the
crime charged by either physical or testimonial evidence beyond a reasonable doubt. In many
cases, a good defense can make it difficult or impossible for the State to establish your guilt.

Call us today at (407) 648-5255 to speak directly with an experienced Orlando Criminal Defense
and DUI Lawyer to see how we can help you. We will review your individual situation and look for
any potential defenses that may exist in your case.

For more information about some of the criminal charges we provide representation on,
please visit the links below:

The hiring of an attorney is an important decision which should not be based solely on advertisements. The information presented at this site is not legal
advice, and does not create an attorney-client relationship. This site is designed to provide only general information. The facts of your case are unique,
and you should consult an attorney for advice regarding your individual situation. We invite you to contact us to speak with an Orlando DUI Lawyer at your
earliest convenience to schedule a consultation.

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