In South Florida, and all of its jurisdictions including Fort Lauderdale, Miami, West Palm Beach, Broward County, Dade county, and Palm Beach county, not every piece of evidence is admissible in court. To determine this, Florida Statutes decide when evidence can be admitted and which type of evidence is not admissible.
It all revolves mainly around the ideas of probative value and unfair prejudice. According to Florida Statute 90.403, evidence is excluded on the grounds of prejudice or confusion. According to that statute, relevant evidence is inadmissible if its probative value is outweighed by the danger of unfair prejudice.
Whether the evidence is going to mislead the jury is up to the judge, but the defendant has the right to file a motion to preclude certain evidence pursuant to F.S. 90.403 which balances the probative value of the evidence against the possibility of unfair prejudice for the defendant.
If you have been charged with a crime and believe that certain evidence against you shouldn’t be admitted to court, call a Florida criminal defense attorney today for a free consultation.