When a Fair Trial is Denied: Lessons from Surratt v. State and How We Protect Our Clients

Facing serious criminal charges in Tampa, Florida can be one of the most terrifying experiences a person can endure. But when the system itself denies you a fair opportunity to defend yourself, the consequences are even more devastating.

At The Brancato Law Firm, P.A., we don’t just defend against charges—we defend our clients’ right to a real defense. A recent case, Surratt v. State, No. 2D2023-1077 (Fla. 2d DCA Apr. 16, 2025), illustrates why choosing the right criminal defense attorney can make all the difference.

Here’s what happened, why it matters to anyone facing criminal charges, and how our firm ensures that no client is left defenseless.

What Happened in Surratt v. State?

In Surratt v. State, Amanda Surratt was charged with aggravated child abuse. Her defense relied entirely on the testimony of a respected radiology expert who was prepared to testify that the child’s injuries were caused by a medical condition—not abuse.

But just as trial was set to begin, the expert canceled her travel plans. Surratt’s legal team filed a motion asking the court to allow the expert to testify remotely. The judge denied it. When her attorneys asked for a short continuance so the expert could appear, the judge denied that too.

Without her expert, Surratt had no way to present her defense to the jury. Unsurprisingly, she was convicted and sentenced to thirty years in prison.

Fortunately, the Second District Court of Appeal reversed the conviction. The appellate court found that the trial judge abused his discretion by refusing to grant a continuance, especially when the expert’s testimony was critical to Surratt’s only defense.

You can read the full opinion here: Surratt v. State, No. 2D2023-1077 (Fla. 2d DCA Apr. 16, 2025).

Why This Case Matters to You

The reality is simple: Not every defense is given a fair chance to be heard—unless the defense attorney fights for it at every step.

In criminal cases, expert testimony can make or break the defense. Whether it’s a medical expert explaining injuries, a forensic specialist challenging evidence, or a mental health professional testifying about a defendant’s state of mind, experts provide the jury with critical information that can change the outcome.

When a court blocks expert testimony, it robs the accused of a real defense.

This is why you cannot afford to hire a passive or inexperienced attorney. A strong defense firm knows how to:

• Secure critical expert witnesses early,

• Protect your right to present a full defense,

• Aggressively preserve all issues for appeal if necessary,

• Navigate sudden obstacles during trial,

• Argue effectively for continuances when circumstances change unexpectedly.

The Brancato Law Firm, P.A. is built on these principles. We anticipate issues before they arise and are relentless in making sure our clients get their full day in court.

How The Brancato Law Firm Protects Your Rights

When you hire The Brancato Law Firm, you’re hiring a team that treats your defense like it’s our own life on the line. Here’s how we do it differently:

• Expert Coordination: We work closely with highly qualified expert witnesses from the start, ensuring they are prepared, available, and committed to appearing at trial.

• Trial Readiness: We prepare every case as if it will go to a jury. No shortcuts. No assumptions.

• Motion Practice: We file motions to preserve your rights, including motions to allow remote testimony if needed, and continuances when the circumstances demand it.

• Appeal Preparation: We document everything, so if the court makes an error, we are ready to fight on appeal, just like Amanda Surratt’s lawyers did successfully.

• Client Communication: We make sure you understand every step of the process, so you are never blindsided.

At The Brancato Law Firm, we don’t just react—we strategize, fight, and protect your future.

Why Experience and Preparation Matter

The tragic facts in Surratt v. State show how quickly a case can unravel when key witnesses are unavailable and courts are unwilling to be flexible. But they also show how experienced defense counsel—those who preserve errors and file timely appeals—can correct injustices.

If you or a loved one is facing serious criminal charges, the stakes are too high to leave anything to chance.

Choosing the right defense attorney could mean the difference between prison and freedom.

If you need a criminal defense attorney who will fight for your rights at every stage—trial, pretrial, and appeal—contact The Brancato Law Firm, P.A. today for a confidential consultation.

Call 813-592-8981 or visit brancatolawfirm.com to schedule your case review.