When you are charged with a crime one of the most important parts of your case is that the charges against you can be proven. The State will do this by introducing evidence in support of their claims, and without that evidence the charges against you should be dropped. The type of evidence needed for a conviction varies from case to case, and will be different depending on the exact charges against you. For example, in a DUI case the State must show that you were legally intoxicated while operating a motor vehicle. To do this, results of a field sobriety or breath test are commonly used. Knowing what evidence will be used against you and whether it was lawfully obtained is key in defending criminal charges, and there are rules and procedures that must be followed in order for evidence to be admissible.

In a recent Court case in the second district court of appeals for Florida, the Court tackled the question of admissibility of evidence. In Thompson v. State the following two key components were identified:

  • A warrantless search can only be conducted if the defendant agrees, this means if the police arrive at your home or ask to search your property without first showing you a warrant and you deny that request, any evidence found should not be used in your case.
  • Statements made by an accused cannot be used against him if the statements were made as part of an interrogation. This is a difficult concept, and it can be hard to differentiate between instances where the police are interrogating a suspect and merely engaging in a consented to conversation. The facts of your particular case will dictate the result of this hairy legal question, and if the questioning was not done with consent and an attorney present, some statements you make can be kept out of Court.

Keeping harmful evidence out of court can mean the difference between a conviction and an acquittal. It is also important to clearly establish how evidence was obtained if you are trying to negotiate for a lesser charge, or for probation. When the prosecution is presented with an accurate version of the events, the consequences can be less harsh. Call our office for answers to your questions about criminal law, and how evidence can be lawfully obtained and used in your case.


For more information about what evidence is admissible in a case against you, call an experienced defense attorney in Stuart and the Treasure Coast. We work with you to tailor a defense that fits the specific facts of your case. We offer an initial consultation for no charge, and look forward to helping you resolve your case in a satisfactory way.