Articles Posted in Criminal Defense

When Medical Testimony Doesn’t Follow the Scientific Method The Problem Many Child Protection Team doctors rely on assumptions and untested theories rather than scientifically verified conclusions. These opinions have been passed down as accepted knowledge—without the rigor of controlled, repeatable scientific testing. In child abuse cases, medical testimony carries tremendous weight. However, it does not…

Child neglect is a serious charge in Tampa, Florida, carrying significant legal consequences. However, Florida courts have consistently ruled that not every instance of poor judgment or parental negligence constitutes criminal neglect. Understanding the legal distinctions can help parents and caregivers protect their rights and defend against unjust accusations. Learn more about neglect from a…

By The Brancato Law Firm, P.A. | Updated 2025 Disciplining a child is a fundamental right of parenting. However, in today’s climate, a simple act of discipline can quickly spiral into a criminal investigation. Opinions vary widely on what is acceptable. But in a courtroom, opinions do not matter. The law does. If you are…

By The Brancato Law Firm, P.A. | Updated 2025 What is a forensic interview in Tampa? When the State accuses a person of child abuse or sex offenses in Tampa, the most damaging evidence often comes from a single source: the child’s statement. However, obtaining this statement is not as simple as a police officer…

Florida’s Rape Shield Law plays a critical role in sex crime prosecutions. Under Section 794.022, Florida Statutes, courts generally exclude evidence of an alleged victim’s prior consensual sexual conduct with anyone other than the accused. The purpose of this law is to protect victims from unfair character attacks and to keep the focus on the…

False confessions are a leading cause of wrongful convictions in the United States. Research shows that 25 to 30 percent of overturned convictions involve a false confession. These cases reveal how vulnerable people can be during coercive police interrogations. High-pressure questioning, psychological manipulation, and deceptive tactics can push even innocent individuals to admit to crimes…

You read the police report, and your heart sinks. It states that a Sexual Assault Nurse Examiner (SANE) conducted a forensic exam and found “findings consistent with abuse.” To a jury, this sounds like undeniable scientific proof. It sounds like a conviction. However, “consistent with” is not the same as “proof of.” In reality, SANE…

The jury said “not guilty.” You walked out of the Hillsborough County Courthouse relieved, thinking it was over. Then, months later, the State Attorney’s Office filed new charges based on the same facts they already lost on. This happens more often than you might expect. However, Florida law provides a powerful shield against this prosecutorial…

When you’re facing criminal charges in Tampa or the surrounding areas, the fairness of your trial depends heavily on having an impartial judge. While defendants cannot choose their judge, Florida law allows for judicial disqualification when bias or prejudice could affect a case. Tampa criminal defense attorney Rocky Brancato has more than 25 years of…

The detective played the recording back to you. You heard your own voice admitting to something you didn’t do. The pressure of the interrogation room broke you down, and now those words are the centerpiece of the State’s case. You likely feel like the verdict is already written. However, the prosecutor knows something you don’t:…