The Role of Evidence in Sex Crimes Cases in Florida
Evidence is the cornerstone of the outcome in a sex crimes case. Consequently, evidence is a critical aspect of your defense strategy that can make or break your case. Because of the sensitive and complex nature of sex crimes, courts will defer to the evidence frequently and strongly throughout the case proceedings.
If you have been charged with a sex crime, you must seek out a Tampa criminal defense attorney immediately. The sooner that they can either collect or refute evidence to strengthen your defense case, the more reinforced your claim will be.
Types of Evidence
Many types of evidence can be gathered to help build your defense strategy in a sex crimes case – and with a strong argument from your Tampa criminal defense attorney, any evidence can be good evidence.
Evidence that could be included in an investigation could include, but is not limited to:
- Personal background from witnesses, alibis, and informants, including all persons known to the prosecutor and defendant that could have any relevant information to the charged offense allegation
- Personal statements from witnesses, alibis, and informants, including all persons known to the prosecutor and defendant that could have any relevant information to the charged offense allegation
- Physical evidence gathered, including but not limited to evidence that could include DNA samples, clothing articles, and anything else that is relevant
- Documentary evidence, including video surveillance, pictures, social media records, text message records, phone call records, etc., including but not limited to wiretapping and electronic device recordings
The Role of Evidence in the Investigation Stage
As previously mentioned, the investigation stage is the period where evidence is gathered and put together for the building of your defense strategy. First, your Tampa felony defense attorney will gather and analyze physical evidence. This could include findings from law enforcement officials, and, if applicable, analysis by forensic experts and other relevant experts. Some of the evidence that could be gathered includes DNA samples, clothing articles, fingerprints, sampling for blood alcohol or drug analysis, or swabs that are taken during the investigative period.
Documentary evidence will also be gathered during this period. This can include video surveillance, pictures, social media posts, text messages, and any other evidence that is not physical. Do not tamper with or remove any evidence during this period, or you may face fines for inhibiting the investigation and ultimately increase your chances of facing harsh consequences.
Finally, this period will include the interviewing of witnesses and participating members of the case, including the defendant and the victim to gather first-hand information about the incident or the people involved.
An important aspect of the criminal legal process to note is that within 15 days of filing the Notice of Discovery, the prosecuting party will have to disclose and share the information and evidence that they have gathered for your defending party to inspect, analyze, and record. Your attorney will use this information to further build upon your defense strategy.
The Role of Evidence in the Pre-Trial Stage
The pre-trial stage is the period in which your defense attorney’s strategy begins to materialize, building on the evidence gathered, as well as the analyses thereof. Additionally, your attorney may continue to gather evidence during the pre-trial period, especially as the prosecution party shares their findings.
Your attorney will challenge the prosecution’s evidence, meticulously combing through for inconsistencies, tampering, and any falsely-led conclusions from the evidence. Your attorney with The Rickman Law Firm will also challenge the admissibility of evidence and its relevance, and ensure that your rights were not infringed upon during the prosecution’s investigative process.
The Role of Evidence in the Trial Stage
The trial stage of the legal proceedings of a sex crimes case is the most well-known. This is the time when both the prosecuting and defending parties will present evidence and arguments in front of a judge, and if applicable, a jury as well. Initially, the evidence will be presented by the prosecuting party and may include physical and documentary evidence to identify their case details, including their perceived identity of the defendant and the events that occurred exhaustively.
Then, the defense may present evidence that will counter and challenge the prosecution’s stance and establish and affirm the innocence of the defendant. This will result in the use of evidence to support each party’s arguments to persuade both the jury and the judge to their stance on the case.
Following suit, there will be a cross-examination of witnesses. This will also include your Tampa felony defense attorney challenging the evidence that the prosecution presents. Evidence will usually be the deciding factor in how a case is determined and charged – or dropped.
The Rickman Law Firm Knows The Power of Evidence
A sex crime is a complex legal case, and many factors can influence the outcome of the proceedings. The primary factor for your defense strategy is whether or not you have a legal professional to support and defend you aggressively. To increase the chances of the best possible outcome for you during a sex crimes case, you need an expert who knows how to strategically harness evidence in a powerfully persuasive and effective manner.
The experts at The Rickman Law Firm are waiting to represent you and fight for your justice during each step of your sex crimes case. Trust the highly-qualified, highly-experienced experts at The Rickman Law Firm with your sex crime case, 24 hours a day, seven days a week. Contact our office at any point by calling us at 813-999-0502 or fill out our consultation form for one of our attorneys to reach out to you soon.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.