Circumstantial Evidence in Florida: What Tampa Defendants Need to Know

Understanding Circumstantial Evidence

When facing criminal charges in Tampa, Hillsborough County, or the surrounding Tampa Bay areas, understanding the role of circumstantial evidence is crucial. Many people believe that without direct evidence, such as eyewitness testimony or video recordings, a case cannot proceed. However, under Florida law, circumstantial evidence is often admissible and can be sufficient to secure a conviction, depending on the evidence and the jury’s interpretation.

Direct vs. Circumstantial Evidence

Circumstantial evidence requires inference to connect it to a fact in question. Unlike direct evidence, which explicitly proves a fact, circumstantial evidence suggests a conclusion through logical reasoning.

• Direct evidence might include a surveillance video capturing a crime, a signed confession, or an eyewitness account.
• Circumstantial evidence might include fingerprints at a crime scene, a suspect fleeing the scene, cell phone tower records placing a person near a crime, or traceable banking activity conducted on a computer near the time of an act of computer fraud.

The Bush v. State (2020) Decision

The Florida Supreme Court’s ruling in Bush v. State, 295 So. 3d 179 (Fla. 2020) significantly altered how circumstantial evidence is evaluated in criminal cases. Previously, if a case relied solely on circumstantial evidence, the prosecution had to disprove all reasonable hypotheses of innocence. Now, Florida follows the federal standard, which requires an appellate court to view the evidence in the light most favorable to the state and determine whether a rational trier of fact could have found the existence of the elements of the crime beyond a reasonable doubt.

Defense Strategies Against Circumstantial Evidence

Despite this shift, an experienced Tampa criminal defense attorney like Rocky Brancato can still effectively challenge circumstantial evidence. Defense strategies include:

• Filing a Motion in Limine before trial to exclude certain evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury, as outlined in Section 90.403 of Florida Statutes.
• Requesting special jury instructions in cases where the evidence is entirely circumstantial and reasonable alternative explanations exist. A well-crafted jury instruction can emphasize that mere suspicion is not enough for a conviction.
• Introducing exculpatory evidence, such as proving that the defendant’s wallet was stolen, undermining circumstantial evidence linking them to a crime based on credit card use at a specific location.

The Importance of Legal Representation

If you or a loved one are facing criminal charges based on circumstantial evidence in Tampa or Hillsborough County, the stakes are high. A skilled Tampa criminal defense attorney can challenge weak inferences, propose strategic jury instructions, and file motions to dismiss unsupported charges. It is essential to seek expert legal representation to protect your rights and ensure that circumstantial evidence does not dictate your future.

Contact Tampa Criminal Defense Attorney Rocky Brancato

Led by experienced Tampa attorney Rocky Brancato, who has over two decades of legal experience and previously served as second-in-command at the Hillsborough County Public Defender’s Office, Brancato Law Firm, P.A. is dedicated to protecting the rights of the accused. If you are facing criminal charges in Tampa, Hillsborough County, or the surrounding areas, we can help. Our firm understands the complexities of Florida’s legal system and will work tirelessly to build the strongest defense possible for your case. Contact us today at 813-727-7159 for a free consultation and put Rocky in your corner.