Prosecutorial Misconduct in Florida Drug Cases

You do not have to prove that you are innocent to avoid a criminal conviction.  In some cases, police confiscate pills from a defendant during a traffic stop or search of the defendant’s residence, the crime lab determines that the pills contain controlled substances, and the defendant gets acquitted or the court drops the charges before the case ever goes to trial.  This is because the jury must acquit you if the state only obtained the evidence against you in violation of your rights.  If prosecutors break the rules during the trial, you should object, and the judge should order the prosecutors to discontinue their illegal line of argument or questioning.  If the prosecutors do something wrong before the trial, your lawyer should file a motion with the court to suppress the illegal evidence or otherwise correct the misconduct.  To get a fair trial, free of prosecutorial misconduct, contact a Florida drug offenses attorney.

Unfair Dealings With Evidence and Witness Testimony

At a criminal trial, the jury should hear all the evidence that is relevant to the case and which the parties obtained through legal means.  They should not hear any evidence that does not meet these criteria.  During the discovery phase before the trial, prosecutions should disclose to the defense lawyer any evidence they have that might help the defense establish reasonable doubt about the defendant’s guilt.  Withholding this evidence is prosecutorial misconduct.

Likewise, it is illegal for prosecutors to present illegally obtained evidence at trial.  This can include a confession by a defendant who had not received the Miranda warnings or drugs obtained from a search of a house where police did not have a warrant.

Selecting a Biased Jury

An unbiased jury is one of the elements of a fair trial.  Both prosecutors and defense lawyers have the right to examine prospective jurors before selecting them to serve on the jury.  Defense lawyers should object to the inclusion of jurors who show bias about the case, even if prosecutors want to include them.

Legally Invalid Arguments

During the trial, prosecutors make arguments to show that the defendant is guilty of the charges, and defense lawyers make arguments to show that there is doubt about the defendant’s guilt.  Prosecutors may not describe the definition of the charges in misleading ways.  They also must not invoke religion, such as by describing a defendant’s alleged actions as “sinful.”  With regard to the credibility of witnesses, the rule is, “show, don’t tell.”  Prosecutors may not try to persuade the jury that a witness is credible by saying that the prosecutors themselves believe the witness.  They must only do this through questions, such as by asking a witness to state his or her educational and professional credentials or prompting the witness to make statements which are consistent with each other.

Contact FL Drug Defense Group About Drug Cases

A Central Florida criminal defense lawyer can help you if prosecutors are dealing unfairly or dishonestly with your case.  Contact FL Drug Defense Group in Orlando, Florida to discuss your case.

Source:

davisvanguard.org/2024/06/nations-defense-bar-initiates-action-to-combat-prosecutorial-misconduct-in-florida/