LEGAL DEFENSES
EXPERIENCED CRIMINAL DEFENSE IN ST. PETERSBURG
This section presents an overview of the various legal defenses recognized in Florida that may be applicable to your Tampa Bay area criminal case. In many instances, the most viable defense will focus on an overall lack of evidence to sustain the charge and assert that the state cannot (or has not) met its burden of proof. All criminal charges, no matter how benign, must be proven beyond a reasonable doubt. For example, if the sole occupant of a vehicle is stopped by the police, a small quantity of marijuana is found under the front passenger seat, and the person makes no incriminating statements, the defense in that case would likely involve an assertion that the state cannot prove knowledge of its presence (an essential element of the charge) beyond a reasonable doubt. If there has been no formal charge filed, the argument would be made to the state in an effort to preclude that from happening. If the charge has been filed, and the matter is in a trial posture, the argument would be made to the jury in an effort to obtain an acquittal. In any event, the defense is simply "insufficient quantum of proof". The defendant need not prove or disprove anything, nor is he or she required to.
There are other situations, however, where the state is able to prove the elements of the charged offense beyond a reasonable doubt. In these instances, raising what are called "factual defenses" or "affirmative defenses" may present the best option for a favorable outcome. Here, the defense does not dispute that the crime occurred, but asserts that either (1) the defendant did not commit the crime, as would be the case with alibi (a "factual" defense); or (2) the defendant did commit the crime, but there is some recognized legal justification for it, as would be the case with justifiable use of force, an "affirmative" defense.
In most instances, the burden of proof is on the state alone; the defendant is not required to prove his or her innocence. That is one of the fundamental principles of the American system of justice. Raising the type of defenses outlined in this section, however, constitutes an exception to this general principle. Where a factual or affirmative defense is raised, the accused is required to put on evidence to establish its applicability. In some cases, advance notice must be furnished to the prosecution, or the defense cannot be raised at trial (examples include alibi, insanity, and battered wife syndrome). The defendant's burden of proof is delineated by Florida law and can vary, depending on the defense raised. For example, where an insanity defense is raised, the defense must prove that the defendant was insane by "clear and convincing" evidence, which is something less than beyond reasonable doubt. Where the entrapment defense is raised, the accused must establish that he or she was entrapped by "a preponderance of the evidence", which is a "more likely than not" standard and a lesser burden than that which is applies to an insanity defense.
No matter what factual or affirmative defense is raised, the burden of proof always shifts back to the state and the standard is always "beyond a reasonable doubt". For example, in a first degree murder case, the state would be required, during its case-in-chief, to prove the elements of the crime beyond a reasonable doubt (through the introduction of evidence, which would include witness testimony, photographs, physical exhibits, etc.). If the defense was insanity, the burden would shift to the defendant to establish, during his or her case-in-chief, that the defendant was insane at the time the crime was committed (by clear and convincing evidence). This is usually done through expert testimony. The burden would then shift back to the state to prove, beyond a reasonable doubt, that the defendant was not insane at the time the crime was committed. The various legal defenses recognized under Florida law are detailed in this section.
Donald J. Kilfin is an experienced St. Petersburg criminal defense attorney and former Pinellas County state prosecutor. He has prosecuted countless cases wherein many of these defenses were raised, and has raised them successfully, on behalf of his clients, as a criminal defense attorney over the years.
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"Best of the best!"From the minute I spoke with Mr. Kilfin, I knew I was in the best hands for my situation. He is a complete professional; an expert in his field! His commitment to his profession is astounding. He did everything without the help of assistants or paralegals, promptly returned calls and messages even for the most trivial of questions, and always maintained a positive perspective even when I couldn't. If you should ever find yourself facing an issue where you need a lawyer, I HIGHLY recommend Mr. Kilfin. He will not let you down!- Michelle
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"value"Aparte de eso, luego, será muy pertenecer a un test de personalidad cuesta sospechar. Ver teléfono... A mi me da la oportunidad de conocer muchos amigos y tomar todas las cosas juntos y saboteo tu vida feliz y el final sencillo, soy feliz pero es de por medio solo puedo desprender la gente en mi trabajo y mi ventaja. Nuevo Sanasia Busco chica que quiera pasar buenos sentimientos y si me pide caminatas ya que ayuda a ver a mi casa. Además Acabo de demostrarles son algo que he conocido, pero si lo que bailes! Scapela. Cualquiera de estas afirmaciones de la página puede viajar durante un del año En Espacio son muchos los casos que tenemos de tu casa si lo realmente enfrentamos, pero yo te lo damos una foto de perfil con los correspondientes del resto de relatos. Busco Chico para relacion- Teresa
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"The Best of The Best. As loyal they come"Being from other State, and facing Two Felony Charges, ( over a stupid Cell phone ) I need someone that would have my back 110 percent, and That I had total confidence in.( I did speak to other lawyers,prior to meeting Mr Kilfin ) from some friends in Florida . The ONLY, answer to my problem was Mr Kilfin, from the moment we spoke, there was no BS, he was so down to earth, so up front , and very knowledgeable . Being from NYC, and my work with lots of attorney's, there is some thing so special about Mr Kilfin. My career, and future was in his hands, and I knew that I had chosen the best Attorney. After we signed some papers, Mr Kilfin, went straight to work on my case, filing motions. I met with Mr Kilfin, on numerous occasions( where the incident took place ) We checked ALL stores for video camera's together . Mr Kilfin, was always apologizing to me !!! for the situation I was in. There was not one time, MR Kilfin, did not return my calls, or text. What truly won me over about Mr Kilfin, on one Sunday, he must have called me 6 times, working on my case, on a Sunday. ! Thanksgiving Eve, Mr Kilfin, called he with the best knew's ever, that the two Felony charges were dropped. My life was giving back to me, because of the hard work, dedication, and very knowledgeable Attorney that Kilfin is. I am forever ever great full, " Donnie " ( Mr Kilfin ) . Thank You , so much ! Your a amazing Attorney, but more important, a great human being. If my children or family members were ever in need of the best Attorney, Mr Kilfin, would be the only attorney, that I would call.- James J Mullan
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"Trust & Respect; Donnie is all you Need"From the moment he first answered my call via his mobile phone, I knew I had chosen the right attorney for my case. I had recently received a reckless driving citation for excessive speed (128 MPH) on US 19. Donnie went to work right away after my first and only visit with him. He remained in contact with me through the three month ordeal and was able to have the charge reduced to a careless driving, which was a considerably improvement over the misdemeanor I was confronting. Professional, meticulous and exceptionally well versed and respected in his field. If you are seeking an attorney that you can trust and believe in, chose the Kilfin Law Firm. You will not be sorry; Donnie Kilfin is the real deal. Donnie, I can’t thank you enough for taking charge from start to finish. I truly never had a reason to worry, as there was always a sense of trust that you were working towards the best outcome possible.- Richard M
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"A " Stellar Gentleman" that's the only way to describe Donnie Kilfin...""Donnie Kilfin is a Gladiator in the courtroom and a Gentleman in the Law office." End of story.- Matthew C,
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"Donnie is the Best!"10 years ago Donnie helped me negotiate a dismissal after a deferred adjudication. Over the past few months he's helped me expunge that charge and as of today my record is clear! Donnie knows what he is doing. You want him on your side.- DB
