Can Florida Criminal Defense Cases be Won on a Technicality?
Under Florida Rule of Criminal Procedure 3.140, an Information must satisfy specific legal requirements. A criminal defense attorney should carefully examine the charging document to determine whether the State has properly alleged every essential element of the offense. We have won cases, both before trial and with Not Guilty verdicts, by challenging the State's Information or charging document. A win on technicality is still a win, and it is still a Not Guilty. The State has the responsibility of following the law just as much as those that they prosecute.