Brancato Law Firm, P.A. Recent Blog Posts

How Forensic Toxicology and Retrograde Extrapolation Won a DUI Manslaughter Case When someone is arrested for DUI, the blood alcohol concentration (BAC) measured at the police station or hospital is not necessarily the same as their BAC when they were actually driving. Alcohol takes time to absorb into the bloodstream. Depending on when the person…

How Forensic Psychiatry and Brain Imaging Reduced a Felony to a Misdemeanor Sometimes, criminal conduct is not the result of willful choice. Sometimes, the brain itself is compromised—damaged by disease, infection, or injury in ways that affect judgment, impulse control, and the ability to appreciate the consequences of one’s actions. This is where forensic psychiatry…

A Case Study in Digital Forensics, Strategic Risk, and the Power of Location Evidence Your cell phone knows where you have been. Every day, it logs location data—GPS coordinates, cell tower connections, Wi-Fi networks—creating a digital trail of your movements. Prosecutors use this data to place defendants at crime scenes. But the same evidence can…

The Science, the Myths, and How to Challenge It in Court Fingerprint evidence has been used in criminal cases for over a century. Juries treat it as near-infallible. Prosecutors present it as definitive proof. And most defense attorneys simply accept it without challenge. The truth as that fingerprint evidence is not as reliable as you…

How the Right Expert Exposed Fatal Flaws in the State’s Theory When prosecutors charge someone with murder based on medical evidence, they rely on state experts—medical examiners, Child Protection Team doctors, and forensic analysts. These experts shape the entire case. And when they get it wrong, the consequences can be catastrophic. In this case, my…

What an Honest Criminal Defense Attorney Will Tell You About Experts and Costs When someone faces serious criminal charges—murder, sexual battery, aggravated child abuse—the difference between conviction and acquittal often comes down to one thing: expert witnesses. Expert witnesses are a crucial part of criminal defense cases in Tampa, Florida. Not legal arguments. Not courtroom…

When Forensic DNA Science Carried the Day A combat veteran still serving in the Army Reserves. A cold-hit DNA match from an eight-year-old sexual battery case. And crime scene photos so graphic they would have guaranteed a conviction if this case had gone to trial without the right investigation. The prosecution believed they had an…

How a Rare Birth Defect Was Mistaken for Child Abuse A young father. A toddler daughter with a fractured pancreas. And a Child Protection Team doctor who immediately concluded the father had done it. Within hours, DCF removed the child from both parents. Then, within days, prosecutors launched an aggravated child abuse investigation—a charge that…

How Florida’s Criminal Punishment Code Can Eliminate the “Trial Penalty” The Critical Rule When your Lowest Permissible Sentence (LPS) exceeds the statutory maximum, the LPS becomes the maximum sentence the court can impose—even after trial. Most people assume that going to trial dramatically increases their sentencing risk. Under Florida’s Criminal Punishment Code (CPC), this is…

Even If Your Case Isn’t Capital, This Credential Changes Everything Fewer than 10 attorneys in Tampa hold death-penalty qualification under Florida Rule 3.112 If you’re facing criminal charges in Tampa Bay, you’re fighting for your future. Whether the accusation involves DUI, aggravated assault, or a serious felony like sexual battery, you cannot afford to take…