When the State is unwilling to cooperate with your criminal defense attorney to reach a successful resolution, it often becomes necessary to litigate the case. Litigation encompasses the motions, pleadings, and depositions necessary to defend your case. Your criminal attorney will litigate two types of defenses: pre-trial and trial.

Motion Practice: Pre-Trial Defenses

Pre-trial defenses are defenses available prior to the actual trial date. These take the forms of motions to dismiss the case or motions to suppress evidence. If your Pasco, Pinellas, or Hillsborough criminal defense attorney can succeed on a motion to suppress, the case will be thrown out. If he succeeds on a motion to suppress evidence, a Judge will rule inadmissible some or all of the evidence in support of the prosecutor’s case.

• Motions to Dismiss the case

  • Statute of Limitations Violation
  • C4: Insufficient evidence as a matter of law
  • Constitutional grounds
  • Speedy Trial Violations
  • Stand Your Ground Law

• Motions to Suppress evidence

  • A Bad Stop, Search, or Seizure
  • Statutory Privilige

Trial Defenses

Trial defenses are defenses available at trial. These are factual defenses to the charge alleged, and generally fall into two categories: sufficiency of the evidence defenses and affirmative defenses. Your criminal attorney may utilize a sufficiency of the evidence defense during a mistaken identity case, or when the prosecutor is unable to meet his burden of proving his case beyond a reasonable doubt. Affirmative defenses concede that the act alleged by the prosecution happened, but argue that the act was legally justifiable.

• Sufficiency of the evidence defense

  • Burden of Proof Beyond a Reasonable Doubt

• Affirmative Defenses

  • Entrapment
  • Self-Defense
  • Necessity
  • Insanity
  • Involuntary Intoxication

• DUI Specific Defenses

  • Inoperability of the vehicle
  • Not in actual physical control of vehicle
  • Involuntary intoxication
  • Breath Test: How about a blood test to measure blood alcohol levels?
  • Breath Test: Time of Testing vs. Time of Driving
  • Breath Test: Improper Caibration
  • Breath Test: 20 minute observation period error
  • Breath Test: Inaccurate reading due to abnormal body temperatures
  • Breath Test: “The longer you blow, the higher you go”
  • Breath Test: Where is the Source Code
  • Breath Test: Meador issues
  • Urine Test: An indicator of past influence, not current influence
  • Urine Test: Unquantified = Unreliable
  • Blood Test: Fermentation in Blood Samples produces… Alcohol
  • Blood Test: Is it your blood they tested?

The Attorneys at Denmon & Denmon are experienced litigators. Christian and Nicole Denmon have tried in excess of 80 trials in front of a jury in the last three years. They are aware and informed on the recent developments and changes in the law, and have run cutting edge motions to benefit their clients.

Contact a Criminal Attorney in Tampa Today

Call Denmon & Denmon Trial Lawyers to set up a free consultation at 813-554-3232 (Hillsborough) or 727-753-0049 (Pinellas and Pasco) Ask to speak directly to a criminal defense attorney.