In Florida, Defendant’s Confession is Not Admissible Until State Proves Crime Was Committed

Quite often, a major part of the state’s case is a statement or a confession from the defendant either admitting the crime or admitting to certain damaging facts that reflect negatively upon the defendant at the criminal trial. However, in Florida, a defendant’s confession that was lawfully obtained is not always admissible to prove the state’s case.

In a criminal case in Florida, the state cannot admit a defendant’s statement or confession until the state has presented other proof that a crime was committed. Because of this rule, a defendant can never be convicted of a crime based on his/her statement alone. A defendant’s statement can certainly be used against a defendant to prove the state’s case, however the state must present evidence independent of the defendant’s statement first before seeking to admit the defendant’s statement into evidence. If the state does not have sufficient independent evidence to establish that a crime occurred, the defendant’s statement will not come into evidence and the criminal case will likely be dismissed.

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