How well does your attorney know the rules of evidence?
Criminal trials, Divorce trials, Injunction (Restraining Order) hearings, Dependency (DCF) hearings, Paternity trials and Personal Injury trials all require an attorney well-schooled in the evidence code.
At Mario, Gunde, Peters, Rhoden & Kelley, LLC our attorneys have litigated hundreds of jury trials and thousands of evidentiary hearings. Our experienced attorneys know how to use the evidence code to help win your case.
Florida Statute 90.101 through 90.958 is the Florida Evidence Code. It controls what evidence is admissible in Florida. If your case may end up in a trial or hearing, you need an attorney who knows the evidence code like the back of their hand. Objections to evidence must be made on the spot and before the witness can blurt out the answer. An experienced and aggressive attorney will anticipate an objectionable question being asked and will be making the objection even as the question is being asked.
Florida Statute 90.801 gives the definition of hearsay. A hearsay objection can be made when a witness is asked to testify about what the witness heard another person say. The court could sustain the objection; however, a skillful attorney will know the 24 exceptions to hearsay listed in Florida Statute 90.803, and the 6 exceptions listed in Florida Statute 90.804.
Under Florida Statute 90.803 it does not matter if the person who made the out of court statement can be brought to court to testify or not. Many types of records, such as business or medical records, can come in to your hearing under this exception.
For hearsay exceptions under Florida Statute 90.804 the person who made the out of court statement must be unavailable to testify. These exceptions include former testimony given in a hearing with similar issues and also any statement made under belief of impending death.
Under Florida Statute 90.804(2)(b) a statement made by a person who believed they were dying can be repeated in court by a witness. The person who made the statement does not have to die, they could be alive and well, as long as they thought they were dying at the time the statement was made.
Judges have a lot of discretion on how to apply the rules of evidence. Some judges in Brevard County, Florida apply the rules very strictly and others can be quite lax. The type of hearing may also influence what evidence a judge will allow. In a trial with a jury, judges tend to be more cautious. Once a jury hears something, they cannot unhear it and a mistrial may result. On the other hand, in a trial in front of a judge such as in the family or dependency courts, the judge may hear the evidence and then later decide the evidence should not have been allowed or give the evidence little or no weight. Our attorneys have been practicing in Brevard County, Florida for decades. We know the judges and their approach to the law. We will put our knowledge and experience to work for you.
If you have a Divorce, Injunction, Criminal, Paternity, DCF, Personal Injury or other type of trial you need an experienced and aggressive attorney. We are a local, Brevard County, law firm. We serve all of Brevard County, including Palm Bay, Melbourne, Viera, Merritt Island, Cocoa, PAFB, Satellite Beach, Suntree, and Titusville. Call for a free consultation with an attorney 321-676-2150 or 321-631-0506. You may also email our office using the contact us form at the top of this page.