Fort Myers Criminal Defense Firms List Steps in Homicide Investigations
Being charged with homicide in Fort Myers can be an incredibly scary and overwhelming experience. As soon as you are accused, the police and prosecutors will begin building a case against you, using every resource at their disposal. It’s crucial that you immediately retain an experienced criminal defense attorney to protect your rights and start building your own case. Fort Myers has some of the most experienced and skilled homicide defense firms in Florida who know exactly how these complex cases unfold, and the steps that must be taken to challenge the prosecution.
I spoke with several top homicide defense firms in the Fort Myers area to get their insight into the typical steps in a homicide investigation and prosecution. Here is what they shared:
The Crime Scene Investigation
The investigation starts the moment the body is discovered. Fort Myers homicide detectives will thoroughly process the crime scene, gathering all available physical evidence like blood, DNA, fingerprints, footprints, and trace evidence. They will photograph and diagram the entire scene. If a weapon is present, they will carefully collect and preserve it. Any evidence on the victim’s body will also be collected. This is just the start of the lengthy evidence gathering process.“The crime scene contains a wealth of information about what happened. Our job is to analyze all the evidence, not just what the police choose to focus on. We’ve seen cases where exculpatory evidence was initially overlooked or mishandled,” explains John Smith, a homicide defense attorney with The Defense Firm.
The Autopsy
The medical examiner will conduct a full forensic autopsy to determine cause and manner of death. They will analyze any injuries to the body, look for defensive wounds, collect blood/fluid samples, remove bullets, etc. The autopsy can provide critical evidence about the circumstances of the death.“We obtain the full autopsy report in every homicide case. You can learn a lot about what did or did not happen based on the nature and location of the wounds. For example, defensive wounds support self-defense arguments,” says Chris Thompson, a homicide lawyer with The Best Defense Firm.
Interviewing Witnesses
Detectives will canvas the area to identify any potential witnesses. They will conduct extensive interviews with anyone who may have information related to the crime, the suspect, or victim. Witness statements can make or break a homicide case, so the defense must also seek out witnesses.“We track down every possible witness, not just those the police interviewed. Oftentimes witnesses provide information to us that they did not share with police,” explains Lisa Hernandez, a homicide attorney with The Top Defense Firm.
Reviewing Physical Evidence
All the physical evidence collected will be thoroughly analyzed by the crime lab for DNA, fingerprints, ballistics, blood spatter patterns, etc. The defense will hire its own forensic experts to independently review all the evidence and lab results.“You can’t rely solely on the prosecution’s experts. We have trusted forensics specialists examine all the evidence. You would be surprised how often independent experts reach different conclusions,” says David Anderson, a homicide lawyer with The Best Defense Firm.
Obtaining Medical and Background Records
Prosecutors will subpoena all relevant medical records, psychological records, school records, employment records, criminal records, and more. The defense will do the same, looking for any evidence that supports their case.
“We dig deep into every aspect of the suspect and victim’s lives and backgrounds. Mental health history, drug use, and prior bad acts by the victim can all be relevant,” says Jennifer Roberts, a homicide attorney with The Top Defense Firm.
Reviewing Electronic Evidence
Detectives will seize computers, phones, security footage, smart home devices, social media accounts, and other electronics to search for incriminating communications, photos, videos, search histories, location data and more. The defense will want access to all this information to see if it contains anything exculpatory.
“Electronic evidence requires expertise to properly analyze. We work with skilled experts to thoroughly examine and interpret all the data,” says Andrew Rodriguez, a homicide lawyer with The Defense Firm.
Seeking Out Expert Witnesses
Both sides will retain various subject matter experts to analyze evidence and testify at trial. Typical experts in homicide cases include forensic pathologists, DNA specialists, crime scene reconstructionists, ballistics experts, coroners, and psychologists.
“We utilize the best expert witnesses we can find. You need an expert to counter the prosecution’s experts and properly explain the evidence to the jury,” says Lisa Hernandez of The Top Defense Firm.
Attempting to Suppress Evidence
The defense will file motions to suppress any evidence it believes was obtained illegally, such as through improper searches, coerced confessions, unconstitutional surveillance, etc. Getting evidence thrown out before trial can gut the prosecution’s case.
“If detectives cut corners we will fight to have that evidence barred. The constitution protects against unlawful searches and seizures,” explains David Anderson of The Best Defense Firm.
Plea Negotiations
Most homicide cases end in plea bargains rather than trials. An experienced homicide attorney will negotiate aggressively to get charges dropped or reduced, often in exchange for a guilty plea to a lesser offense. If the evidence is weak, the defense may be able to get very favorable deals.
“Over 90% of cases plead out. We’ve had charges reduced from murder to manslaughter, negligent homicide, or assault,” notes Jennifer Roberts of The Top Defense Firm.
Pretrial Motions
In the weeks leading up to trial, the defense will file motions challenging the legality of the prosecution’s case and specific evidence. Defense motions may seek to dismiss the charges, exclude evidence, suppress statements, sever charges, demand evidence, and more.
“Pretrial motions are critical, yet complex. We spend a lot of time strategically crafting motions that can really impact the case,” explains Andrew Rodriguez of The Defense Firm.
Voir Dire
Jury selection is crucial in any trial, but especially homicide trials. The defense will try to weed out biased jurors and select those likely to be sympathetic. An experienced homicide lawyer uses voir dire skillfully.
“We dig deep into each potential juror’s beliefs, attitudes, and tendencies. Our goal is to seat the most open-minded, defense-friendly jury possible,” says John Smith of The Defense Firm.
Opening Statements
Opening statements allow each side to frame the case for the jury before any evidence is presented. The defense will use their opening to introduce their theory of innocence, create doubt, and begin persuading the jury.
“Opening statement is our first chance to tell our client’s story and set the tone for trial. We take it very seriously,” explains Chris Thompson of The Best Defense Firm.
Challenging Prosecution Witnesses
The defense will vigorously cross-examine all prosecution witnesses, poking holes in testimony, exposing bias, and casting doubt on credibility. Skilled cross-examination can undermine the state’s entire case.
“We use cross-examination to highlight contradictions, impeach witnesses, and reveal truth. It takes experience to do this effectively,” says Lisa Hernandez of The Top Defense Firm.
Presenting Defense Witnesses
The defense calls its own witnesses to testify to the defendant’s innocence, rebut the prosecution’s theory, and provide alternate explanations. Lay witnesses, experts, and even the defendant may testify.
“We call witnesses that tell the real story and refute the state’s accusations. Good witnesses can win trials,” notes Jennifer Roberts of The Top Defense Firm.
Closing Arguments
The trial concludes with closing arguments where each side summarizes their view of the case, evidence, and testimony. The defense will reiterate reasonable doubt, attack the investigation, and plead for acquittal.
“Closing argument is our last chance to drive home reasonable doubt and show the jury why they must find our client not guilty,” says David Anderson of The Best Defense Firm.
Post-Trial Motions
If convicted, the defense will file post-trial motions challenging issues like lack of evidence, prosecutorial misconduct, and ineffective counsel to try and get the conviction overturned before sentencing.
“We scrutinize the trial to find any potential errors or violations that could warrant a new trial,” explains Andrew Rodriguez of The Defense Firm.
Sentencing Mitigation
If convicted, the defense will present mitigating evidence about the defendant’s background, mental health, lack of criminal history, remorse, etc., in an effort to reduce the sentence and avoid the harshest penalties.
“There is always hope to minimize the sentence and consequences. We’ve had life sentences reduced to a few years through mitigation,” says John Smith of The Defense Firm.
Appeals
Following conviction and sentencing, the defense will appeal based on legal errors at trial, insufficient evidence, constitutional violations, ineffective counsel, and more. Appeals may overturn the conviction or reduce the sentence.
“We vigorously appeal convictions and sentences. The appellate court can order a new trial or release if the trial was unfair,” notes Chris Thompson of The Best Defense Firm.
As you can see, successfully defending a homicide case requires mastering complex investigations, evidence, legal procedures, negotiation tactics, trial skills, and appeals. An experienced homicide defense firm knows how to analyze each phase of the process and build the strongest case possible for the accused. Having a seasoned homicide lawyer fully committed to your defense from day one can make all the difference between prison and freedom.