Why you should still consult a criminal defense lawyer if you've been charged in Florida
Many criminal defendants think that if there’s no physical evidence, they’re home free. Surely, the prosecution can’t get a conviction without it, right?
Unfortunately, that’s a misconception. Prosecutors can and often do get convictions without physical evidence. As far as the law is concerned, evidence is evidence; juries may certainly find physical evidence particularly compelling, but other types of evidence, such as eyewitness testimony, can be enough.
That’s why, even if there’s no physical evidence, you still need an experienced criminal defense lawyer to mount a vigorous defense.
How prosecutors can convict without physical evidence
While fingerprints, DNA samples, weapons, and other tangible evidence play an important role in many criminal convictions, prosecutors can use other types of evidence to link the defendant to the crime, including but not limited to:
- Eyewitness testimony: A person who saw the defendant committing the crime, or at least believes that’s what they saw, can be quite compelling from a jury’s perspective.
- Confessions: If the defendant made any statements confessing to the crime, and those statements are admissible in court, then the prosecution can use them to its advantage.
- Motive: To be clear, the prosecution doesn’t have to prove motive—a criminal prosecution is fundamentally about what you did, not why you did it—but if they do have evidence of a clear motive, that can be quite persuasive to a jury.
- Opportunity: Evidence that the defendant was in the area where the crime occurred or had access to the necessary means to commit the crime can help secure a conviction.
- Behavior before and after the crime: Such as fleeing the scene, attempting to hide or destroy evidence, or other actions, can make a defendant appear guilty.
Prosecutors are skilled at weaving together various pieces of evidence to fill in the gaps and tell the story of why the defendant is guilty beyond a reasonable doubt. If they don’t have physical evidence, they will rely on other types of evidence to prove their case. That’s why you need an experienced defense lawyer to counter their strategies and fight for your freedom.
Why do you need a defense attorney if there’s no physical evidence?
In cases where there is no physical evidence, prosecutors often rely heavily on witness testimony. An experienced defense attorney can undermine the prosecution’s case by exposing inconsistencies or challenging the credibility of their witnesses. A defense attorney can also call witnesses to offer a competing narrative or alternative theory of what happened, and to rebut the prosecution’s witnesses.
An experienced defense lawyer can also use the rules of evidence to your advantage. Confessions, for example, are incredibly powerful evidence if the prosecution can use them, but there are many rules that determine whether an out-of-court confession is admissible in court.
Your lawyer can make compelling arguments to get that evidence excluded. The same applies to other types of non-physical evidence, such as documents or witness testimony, which may include hearsay.
Depending on the circumstances, your attorney may be able to get the charges dropped or dismissed, negotiate a plea bargain, or fight for a "Not Guilty" verdict at trial.
The sooner you have an experienced and effective defense attorney on your side, the better the position you will be in to win. Give us a call or contact us online to speak with attorney Mark Sieron of Aguilar & Sieron, P.A. about your case. Our office is located in Green Cove Springs, Florida, and we offer legal representation to clients throughout Clay County and Northeast Florida.
Mr. Sieron and his staff patiently and empathetically worked with us, assuring us that while things looked bleak, they had a plan to pursue the best outcome possible. We were able to avoid a messy trial and settle with a conditional release after just one year served. They took a seemingly impossible situation and turned it into a miracle that we are grateful for every day." — Former Client, ⭐⭐⭐⭐⭐