Every crime has specific elements the prosecution must prove. Every element has a body of case law to explain it. Over many years, judges on appeal have issued legal opinions that serve to explain how criminal law should be understood. For just about any crime, these opinions set forth situations where a prosecution’s proof could be insufficient for a conviction as a matter of law. Knowledge of the case law and how it applies in particular circumstances is critical for the best defense.

Defense attorneys spend years in the courtroom and law books learning to spot specific issues in cases that might result in win as a matter of law. There are too many to list or summarize here.

But, one example can be found in Florida Statute 812.155, which criminalizes failure to return leased property, such as a car or furniture. Under that statute, the lease contract must include exactly the following language:

Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.

If the lease contract does not have this exact language, a prosecution cannot succeed, no matter what the rest of the evidence is. Knowledge of this requirement in the case law could be key to winning a case where every other appearance is that a person is guilty. There are numerous examples throughout criminal law where cases can be won as a matter of law. It takes an experienced, well-researched attorney to spot those situations.

If you or a loved one is wrongly accused or just looking for guidance on whether there is any way out of a bad situation, contact me today for a free consultation.

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