Miami Lawyers Outline the Steps in a Typical Homicide Investigation and Trial
When a homicide occurs in Miami, a complex series of investigative and legal procedures are set into motion. Miami defense attorneys and prosecutors outline the key steps involved in a typical homicide investigation and trial:
Initial Response
Once a body is discovered, the first responding officers will secure the scene and make sure any suspects or victims still present get medical care. They will also identify witnesses and start documenting the scene through photos/videos. Vital evidence like blood splatters or murder weapons will be marked and protected until detectives arrive.
Miami criminal defense lawyers note how important it is that these initial steps are done properly, so key evidence is not contaminated or lost. Any missteps by officers could weaken the prosecution’s case later on.
Forensic Investigation
Homicide detectives will take over the scene and oversee the collection of forensic evidence. The medical examiner will arrive to examine the body and determine the cause/time of death. They will document things like the entrance/exit wounds of gunshots, bruising, or signs of strangulation.
Trace evidence like hair, fibers, and bodily fluids may be collected and analyzed in the lab for DNA matches. Fingerprints will also be lifted from the scene and compared to victim, suspect, and elimination prints. Crime scene technicians will thoroughly photograph/diagram the scene as well to capture blood spatter patterns and the position of the body.
Miami defense lawyers note that the medical examiner’s report and lab results can make or break a homicide case. If the forensics are inconclusive or mishandled, it creates major doubts for the prosecution.
Developing Suspects
Detectives will interview witnesses at the scene plus friends/relatives of the victim to develop suspect leads. They will gather background on if the victim was having conflicts with anyone or noticed anything suspicious before their death.
Surveillance footage and cell phone records may be obtained to identify suspects spotted near the crime scene around the time of death. Databases can also be searched to see if ballistics from any recovered weapons match previous crimes.
Miami criminal attorneys say a lack of witness cooperation or surveillance footage can severely hamper the detective’s ability to identify suspects in a homicide. Building probable cause for arrest warrants takes time and diligent investigation.
Interrogations
Once a suspect is identified, detectives will conduct thorough interviews to elicit admissions or confessions. Miami defense lawyers note the importance of having counsel present during these interrogations to protect the suspect’s rights. Anything they say can be used against them.
For reluctant suspects, detectives may conduct long, aggressive interrogations or present false evidence to provoke a confession. Miami criminal attorneys point out these unethical tactics can sometimes lead to false confessions from innocent suspects. But skilled detectives can often get even reluctant suspects to let down their guard and make damaging statements.
Arrest and Charging
Once probable cause is established through witness statements, forensic evidence, or suspect admissions, the prosecutors will prepare arrest warrants. Suspects are typically charged with first or second degree murder, manslaughter, or homicide felony murder depending on the circumstances.
Miami criminal defense attorneys say prosecutors will usually “overcharge” at first by charging the most severe version of homicide. This gives them room to negotiate down later if the evidence is weaker than expected.
Defense Investigation
The defense will conduct their own forensic testing and investigation to undermine the prosecution’s evidence. This can include interviewing witnesses the police may have missed, hiring expert witnesses to challenge the autopsy conclusions or DNA results, and creating their own crime scene reconstructions.
Miami defense lawyers may also dig into the background of any prosecution witnesses that may have motives to lie. By planting seeds of doubt, the defense hopes to defeat the charges at trial or at least negotiate them down.
Pretrial Motions
In the weeks before trial, the defense and prosecution will file a flurry of motions to exclude or include key evidence. The defense will try to get the suspect’s confession or other prejudicial evidence thrown out if there were any procedural mistakes.
Prosecutors will push to include all helpful evidence and block the defense from introducing alternative theories or suspects. Miami criminal attorneys say judges tend to air on the side of inclusion, allowing juries to hear most evidence. But getting a confession tossed out pre-trial can cripple the state’s case.
Plea Bargaining
Right up until trial, the defense and prosecution are often negotiating potential plea deals. Defendants may agree to plead guilty to lesser manslaughter or homicide charges if the state takes the death penalty off the table. Both sides want to avoid the time and expense of a trial if possible.
Miami defense lawyers will leverage any weaknesses in the prosecutor’s case to secure a better deal. But overwhelming evidence usually limits plea options, even in homicide cases.
Jury Selection
Before trial, lawyers will question and select jurors who seem likely to view their side of the case favorably. The prosecution wants law-and-order types who will trust the police evidence. The defense wants skeptical thinkers open to their alternative theories.
Miami criminal attorneys say an unfavorable jury can doom your case from the start. But skillful lawyers use their questioning and peremptory challenges to weed out hostile jurors and empanel a friendly jury.
Trial Presentation
At trial, the prosecution will methodically lay out their forensic evidence, witness testimony, and the defendant’s own statements to prove guilt. The medical examiner describes the cause of death, while DNA experts match samples from the scene to the defendant.
The defense will vigorously cross-examine each witness, highlighting any scientific flaws or credibility issues. Their goal is to plant those seeds of reasonable doubt in jurors’ minds.
Miami defense attorneys say that both sides are trying to construct easy-to-follow narratives – the prosecution saying the evidence points clearly to guilt, the defense saying the investigation was sloppy and biased. The jury must decide which version aligns with the truth.
Verdict and Sentencing
The jury will weigh all the evidence and arguments from both sides before delivering a verdict. If convicted of first-degree murder, the defendant could face the death penalty or life in prison without parole. Lesser homicide charges bring a range of prison terms depending on the circumstances.
If the jury acquits, double jeopardy prevents the defendant from being retried for the same homicide. But they can face civil lawsuits from the victim’s family.
Miami criminal defense lawyers warn that homicide trials are complex, expensive, and emotionally draining for all involved. There are no easy answers when a human life has been violently taken. But through meticulous investigation and advocacy, the truth can ultimately prevail.