Legal Question in Criminal Law in Florida
If the judge decides to exclude evidence is there any way it may be introduced atthe trial? In a homicide case where the evidence was obtain illegally.
Asked on 1/28/13, 2:57 pm
1 Answer from Attorneys
Eric Trabin
Lucid Legal, PLLC
Yes it is possible. For example, a confession might be excluded because the defendant's rights were violated and he wasn't read his Miranda rights during a custodial interrogation. The confession is excluded but the confession could be used as impeachment if the defendant testifies. It depends what evidence was excluded.
Answered on 1/28/13, 3:09 pm
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