Palm Beach Sex Crime Defense Lawyer Protects Your Constitutional Right to Confront the Witnesses Against You
You have a constitutional right to confront witnesses, but Florida also has laws to protect alleged victims and witnesses in sex abuse cases. You deserve to be fully prepared and confident when you plea bargain with prosecutors or enter a courtroom, and you deserve to have your constitutional rights protected.
An experienced Palm Beach sex crime defense lawyer at the Law Offices of Robert David Malove can prepare you for what comes next, protect all of your rights, and fight to protect your future.
Your Constitutional Right to Confront Witnesses
As someone accused of a sex crime in Palm Beach County, it's crucial to remember that the United States and Florida Constitutions protect your right to confront witnesses.
U.S. Constitution Sixth Amendment Rights
The Sixth Amendment of the U.S. Constitution guarantees the right of the accused to be confronted with the witnesses against them (Crawford v. Washington, 541 U.S. 36 (2004)). This fundamental right ensures that you can cross-examine and challenge the testimony of witnesses in open court. The confrontation clause is essential for a fair trial and protects you from false accusations or unreliable testimony.
Florida Constitution Article I, Section 16 Rights
Article I, Section 16 of the Florida Constitution gives you the right to require witnesses to come to court and to confront adverse witnesses at trial. This state-level protection reinforces your right to face your accusers and challenge the evidence presented against you in a court of law.
Florida Law Provides Some Protection to Sex Abuse Witnesses
While your constitutional rights are paramount, Florida has also enacted laws to protect some alleged victims and witnesses in sex abuse cases. Florida Statute 92.55 allows the court, upon motion, to enter orders designed to shield vulnerable individuals from severe emotional or mental harm caused by the defendant's presence.
The statute applies to victims and witnesses under 18, those with intellectual disabilities, and some other sexual offense victims and witnesses.
The court may enter protective orders relating to various aspects of testimony, including interviews, depositions, examinations, cross-examinations, and testimony taken outside the courtroom.
Under this law, the court can consider factors like:
- Witness age. The court will evaluate whether testifying in open court with the defendant present is appropriate based on the witness's age and functional capacity.
- Nature of the offense. More serious allegations of abuse may prompt the court to provide more protection to vulnerable witnesses.
- Relationship between the witness and the defendant. If the witness is related to the defendant or has a close connection, they may find testifying to be more traumatic.
- Degree of emotional trauma. The court will assess the risk of the witness experiencing severe emotional distress from testifying with the defendant present.
Additionally, the court may consider any other factors it deems relevant.
If the court determines protection is warranted, it can implement various measures, such as:
- Limiting the number of times a witness is interviewed
- Requiring questions be submitted before testifying
- Setting the place and conditions for interviews
- Allowing a person, such as a parent, to be in attendance during questioning and testimony
- Allowing a therapy animal to accompany the witness
These protections could impact your ability to directly confront and cross-examine witnesses, which may affect your defense strategy. The use of testimony taken outside the courtroom, such as through video or closed-circuit television, may also impact how a jury perceives the witness and their credibility. However, our job is to make sure that your constitutional rights are protected and that you are treated fairly.
Talk to an Experienced Palm Beach Sex Crime Defense Lawyer Before the Court Makes Witness Decisions
Our experienced Palm Beach sex crime defense attorneys will protect your constitutional right to confront witnesses while also complying with Florida law and local court orders that protect witnesses. While we respect the need to protect vulnerable witnesses, we will not allow your defense to suffer or your constitutional rights to be violated. Instead, we will argue for appropriate conditions on witness testimony to protect your rights, assess the strength of witness testimony, and develop strategies to protect your rights. We will consider all evidence, raise relevant arguments that could undermine the credibility of unrelatable witnesses, and fight to keep questionable evidence out of court.
While Florida's witness protection law may create some obstacles, a creative and experienced defense lawyer like Robert Malove and his team can find ways to preserve your right to confront accusers and mount a strong defense.