- March 21, 2025
- Criminal Defense Blog | Taracks & Associates
If you are ever unfortunate enough to be arrested for a crime in Tampa, you will rightfully fear consequences like jail time, losing your job, or losing your home. However, these consequences are not a given, particularly if you are acquitted of any charges or your case is dismissed.
If you want to protect yourself from the worst possible consequences of criminal charges, the first thing you need to do is hire an experienced Tampa criminal defense attorney who has a record of success. But that is only part of the equation. You also need to understand the role of evidence in Tampa criminal cases and what you can do to help make the evidence in your case work for you.
How Evidence Matters in a Criminal Defense in Tampa
Both your criminal defense attorney and the prosecutor will gather as much evidence as possible before going to trial. This is because criminal trials are decided by evidence. The jury can only consider evidence presented during the trial, and it needs to prove the case beyond a reasonable doubt in the minds of all 12 jurors for you to be found guilty. Conversely, if your defense attorney can provide evidence that creates a reasonable doubt in even one juror, you won’t be found guilty of that crime.
Evidence presented by both attorneys is the only information jury members can take into account when determining the innocence or guilt of a defendant.
This is why both the prosecutor and your attorney will make motions to have certain pieces of evidence tossed out for procedural reasons before the trial starts. The less supporting evidence the other side has, the easier it is to win the case.
However, evidence matters even if the case never goes to trial. When attorneys negotiate a plea bargain, they consider all of the evidence both sides intend to present if the case goes to trial. Using that information, they determine whether a jury is likely to acquit or not on each charge. Experienced lawyers often come to the same conclusions when presented with the same evidence. Those conclusions become the starting point for any negotiated plea deals.
Understanding the Different Types of Evidence That Will Impact Your Case
Lawyers on both sides of the case will seek to use the following types of evidence in a criminal proceeding.
Your Testimony
If you committed the crime you are charged with, you would know that fact better than anyone else. Either you did what you are accused of and know it, or you didn’t do it and you know that. This means that both attorneys in a criminal case may want to use your words to support their side of the case. However, the Fifth Amendment limits the ability of the prosecution to use your words against you. It states that you cannot be compelled to be a witness against yourself.
If you choose to testify in court, the prosecution can cross-examine you; but if you don’t, it can’t force you to take the witness stand. This is why it is so important for you to be honest with your lawyer. If you are completely honest with them, they can make an educated decision about whether to call you to testify or not.
Are you facing criminal charges in Tampa? The right criminal defense attorney may be able to help you avoid serious penalties or even get your charges dismissed. Call Taracks & Associates at 813-281-2897 immediately to schedule a free case evaluation and consultation.
Your Statements to the Police
Anything you say to the police can potentially be used against you by the prosecution, even if you choose not to testify at trial. However, the prosecutor can only use legally obtained statements. This is important because, just as you can’t be compelled to bear witness against yourself in court, you also can’t be compelled to bear witness against yourself while under police interrogation. You have the right to remain silent.
Furthermore, under the Sixth Amendment to the Constitution, you have the right to be represented by an attorney. If you request to consult with a lawyer, the police can’t interrogate you while your attorney isn’t present. This means if the police continue to interrogate you illegally, the prosecution can’t use any evidence obtained from that to prosecute your case.
Eyewitness Testimony
Anyone who was a witness to the crime or activities related to the crime may be called by the prosecution as an eyewitness. Similarly, if anyone has witnessed activities that would indicate you were innocent of the crime, your lawyer might call them to provide testimony.
For example, if you were accused of a DUI, your attorney might interview a waitress who can testify that you didn’t order or drink any alcohol while at a restaurant immediately before you started driving. Attorneys for both sides of the case have the right to interview the witness and ask questions relevant to the case. This means that, during a trial, you won’t face a surprise witness who has testimony that you have never heard before.
Physical Evidence
The final type of evidence you need to understand is physical evidence. This is any type of evidence that can’t speak for itself. When a lawyer presents this type of evidence, they usually need a witness who can explain its relevance. This creates two avenues of attack against physical evidence that your lawyer might take advantage of. They can attempt to get the evidence thrown out if it was improperly obtained or attempt to preclude a witness from talking about it if the witness doesn’t have the appropriate knowledge to properly explain the evidence.
Contact a Criminal Defense Attorney in Tampa Today
If you are facing criminal charges in Tampa, the result of your case will usually depend upon the evidence acquired by your attorney and the prosecution.
The criminal defense attorneys at Taracks & Associates understand the importance of evidence and how it affects cases. Call our law firm today at 813-281-2897 to schedule a free consultation where we will evaluate the evidence in the case.