Acquittal on Murder Charges Proves A Good Defense Works
In a case that shocked business owners along the quaint streets of Historic Downtown Melbourne, FL, a man died in a bar parking lot after an incident involving an altercation with another individual. The matter was ruled a homicide and police arrested the second man after conducting a thorough investigation, which included interviews with witnesses. However, a recent development reported by Florida Today reveals that the charges against the accused were dismissed: His lawyers filed a motion of acquittal on the grounds of inconsistent witness testimony, which was granted by the judge.
The case is proof that a good legal defense in a criminal matter, backed by proper proof and arguments, can result in dismissal of the case. These defenses are often presented as pre-trial motions before the court.
Motion for Acquittal
A motion for acquittal may be filed by your criminal defense attorney if there is a lack of evidence against you, as was the case of the accused in Melbourne. Insufficient or inconsistent evidence is that which does not help the state prove all of the essential elements of a crime, beyond a reasonable doubt. If there is not enough proof, the charges against you could be dismissed.
Motions to Exclude Evidence
These types of motions usually involve two types of evidence:
- Physical Evidence: If certain proof was obtained illegally by law enforcement, there may be grounds for a motion to exclude evidence. For example, contraband found in your home that is outside the bounds of a search warrant should be excluded because it was illegally obtained.
- Witness Testimony: The prosecuting attorney may want to call certain people to testify against you, and you might have legal reasons to exclude them from being called to the stand. A witness may be unreliable or there may be a conflict of interests, for instance.
Motion to Release Evidence
Contrary to a motion to exclude, you would file a motion to release evidence when there are facts that you want admitted into court. During their investigation, police often discover certain items, facts, or witnesses; if this evidence is pertinent to presenting the defense in your case, you’d file a motion forcing the prosecutor to turn over the information.
Motion to Change Venue
In certain high-profile cases, a motion to change venue may be appropriate. The case would be moved to another court where the general population doesn’t know about the facts that would have circulated through news outlets or word of mouth. A jury pool may be prejudiced against a defendant in these cases, so changing venue ensures a fair trial.
A Criminal Defense Lawyer in Fort Lauderdale Can Help
Use of pre-trial motions is just one strategy that may lead to a dismissal of charges in a criminal case, or a reduced sentence on lesser charges. There are other defenses available in different criminal cases, but you need an experienced defense attorney like Kevin J. Kulik to present them properly. If you’d like to discuss your case in more detail, contact Fort Lauderdale lawyer Kevin J. Kulik for a free, confidential consultation.