Legal Question in Criminal Law in Florida

If the judge decides to exclude the evidence is there any way it may be introduced at the trial?


Asked on 5/05/12, 12:58 pm

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

It is possible, but only in limited circumstances. The State is unable to introduce excluded evidence as part of their case in chief. However, the State may use the excluded evidence as impeachment or rebuttal evidence.

A lot depends on the kind of evidence that is suppressed. For example, let's say a defendant's confession is excluded. There is still other evidence that let's the State prosecute but they can't introduce the confession. If the defendant takes the stand, and denies everything, the State can bring up the confession, even though it was suppressed.

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Answered on 5/06/12, 11:40 am


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