Seminole, FL Criminal Charges: What Types Of Evidence Can Be Used Against Me?
When facing criminal charges in Seminole, evidence collected by prosecutors and your defense attorney plays an important role in your case. It can be the deciding factor in a conviction or it can be used in building you a strong criminal defense. The following details four common types of evidence and when they can be used in Pinellas County criminal cases.
What Are The Four Types Of Evidence?
Evidence plays a key role in Pinellas County Criminal Court proceedings, influencing whether your case goes to trial, whether a judge or jury delivers a guilty verdict, and the extent of penalties you are likely to face.
There are two categories of evidence used in criminal court cases. Direct evidence speaks for itself and points directly to you as the perpetrator of a crime. Circumstantial evidence implies your involvement, linking you to the crime or the crime scene. Within these categories, there are four types of evidence that may be collected:
- Real evidence: This includes blood samples, fingerprints, and DNA, as well as tangible items such as money, drugs, or weapons.
- Demonstrative evidence: This includes charts, diagrams, and other items that illustrate expert testimony or how the crime allegedly occurred.
- Documentary evidence: This is used in proving allegations against you and includes personal correspondence, copies of bank statements, legal contracts, personal diaries, and other types of documents.
- Testimonial evidence: This includes eyewitness statements linking you to a crime and expert testimony on certain aspects of your case.
What Evidence Cannot Be Used In Court?
Under the Florida Statutes, evidence can be presented at trial by prosecutors to prove the case against you and by criminal defense attorneys to prevent a conviction. There are certain types of evidence not inadmissible in court. This includes:
- Evidence obtained via illegal search or seizure: Police must have probable cause or a valid search warrant in conducting searches of your person or property for the purpose of gathering evidence in a criminal case.
- Evidence collected when police fail to inform you of your Miranda Rights: Miranda rights inform you of your right to remain silent and that any information you provide can be used against you. Confessions or other statements you make, which are a type of direct evidence, may not be used if the police failed to mirandize you.
- Evidence that failed to follow the chain of custody: Physical evidence linking you to a crime must be properly collected, documented, and stored in order for it to be used at trial. If any mistakes were made during this process, it could be thrown out in court.
Let Us Help You Today
As a former state prosecutor, our Seminole criminal defense attorney can examine the evidence against you to determine whether it can be used in court. We can also conduct our own investigations, gathering evidence in your favor to help prevent a conviction. To discuss your case, call or contact Reep Coleman & Stubbendorff online and request a consultation today.