Strategic Defense,
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From First DUI to Death Penalty
Tampa Criminal Forensic Science Attorney
When Science Is the Difference Between Prison and Freedom
In criminal cases, forensic evidence can make or break a prosecution. After all, DNA, fingerprints, cell phone records, medical examinations, ballistics, and toxicology reports carry enormous weight with juries. Prosecutors present this evidence as if it proves guilt beyond any doubt.
However, forensic evidence is not infallible. Laboratory errors occur regularly. Analysts sometimes misinterpret data. Experts occasionally reach conclusions that the science does not support. Moreover, prosecutors routinely overstate what forensic evidence actually proves.
To effectively challenge forensic evidence, your attorney must understand the science. Specifically, they must know what questions to ask, which experts to retain, and how to expose the weaknesses in the state’s case. Without this knowledge, critical defense opportunities go unexplored. I am Tampa Criminal Defense Attorney Rocky Brancato. I have spent more than 25 years learning forensic science by doing. My firm, the Brancato Law Firm, P.A., is your Tampa criminal forensic evidence law firm.
Why Your Attorney’s Forensic Knowledge Matters
When evaluating criminal defense attorneys, most people focus on courtroom experience and case results. These factors matter. However, there is another criterion that can be equally important: does the attorney understand forensic science?
An attorney who lacks forensic knowledge cannot effectively challenge forensic evidence. For example, they may not recognize when an expert’s conclusions exceed what the science supports. Similarly, they may lack awareness of which defense experts to retain. As a result, the technical questions that could undermine the prosecution’s case often go unasked.
Conversely, an attorney who understands forensic science can identify weaknesses that others miss. Such an attorney knows that fingerprint analysis involves subjective interpretation. Moreover, they understand that cell phone location data has significant limitations. Additionally, they recognize when a toxicology report’s conclusions do not match the underlying data.
Ultimately, this knowledge translates directly into better defense strategies and better outcomes.
| Questions to Ask When Hiring a Criminal Defense Attorney |
| • Do you have experience challenging forensic evidence? • Which forensic experts have you worked with on previous cases? • Can you explain the limitations of the forensic evidence in my case? • How would you challenge the state’s expert witnesses? • What defense experts might be needed for a case like mine? |
My Approach to Forensic Evidence
Throughout my 25+ years defending clients in Tampa Bay, I have developed extensive knowledge of forensic science and how to challenge it effectively. As a result, I understand the strengths and limitations of different types of forensic evidence. Furthermore, I know which experts can help and how to use their testimony strategically.
Experience That Makes the Difference
As Chief Operations Officer of the Hillsborough County Public Defender’s Office, I oversaw complex cases involving every type of forensic evidence imaginable. Consequently, this experience taught me that prosecutors routinely overstate what forensic science proves—and that knowledgeable defense attorneys can expose these overstatements.
Today, I apply this knowledge to defend clients against serious charges. When forensic evidence threatens to convict my clients, I know precisely how to fight back.
Expert Witnesses: Not Optional in Serious Cases
In cases involving forensic evidence, expert witnesses are not a luxury—they are a necessity. After all, the prosecution will present experts who testify that the evidence proves guilt. Without your own experts to challenge these conclusions, the jury hears only one side of the story.
The Experts I Work With
I work with forensic experts across every discipline: forensic pathologists, toxicologists, DNA analysts, fingerprint examiners, cell phone location experts, accident reconstructionists, forensic psychologists, firearms specialists, and digital forensics professionals. Together, these experts provide the scientific foundation for mounting effective challenges to the state’s evidence.
Learn more: Why Expert Witnesses Are Not Optional in Serious Criminal Cases
Types of Forensic Evidence I Challenge
| Evidence Type | How I Challenge It |
| DNA Evidence | Challenge collection procedures, chain of custody, mixture interpretation, contamination issues, and statistical calculations |
| Fingerprint Evidence | Expose the subjective nature of fingerprint comparison and the lack of scientific standards for declaring a “match” |
| Cell Phone Location | Challenge assumptions about cell tower coverage, demonstrate how location data is often misinterpreted by investigators |
| Toxicology Reports | Use retrograde extrapolation experts to challenge BAC calculations, question testing procedures and timing |
| Medical Examinations | Retain forensic pathologists to challenge injury timing, causation, and conclusions that exceed the medical evidence |
| Digital Evidence | Work with data recovery experts to challenge evidence destruction claims and recover exculpatory data |
| Firearms Evidence | Use firearms experts to identify weapon models, challenge ballistic comparisons, and break prosecution nexus arguments |
| Accident Reconstruction | Retain reconstructionists to challenge prosecution theories about how crashes occurred and prove mechanical failures |
| Confessions | Use forensic psychologists to analyze interrogations and demonstrate when confessions were coerced rather than voluntary |
| Mental State Evidence | Retain forensic psychiatrists to evaluate mental state at time of offense and identify factors affecting criminal intent |
Real Cases: How Forensic Expertise Changes Outcomes
The following case studies demonstrate how forensic knowledge and expert witnesses have made the difference in my clients’ cases. Specifically, each represents a situation where challenging forensic evidence led to acquittal, reduced charges, or excluded evidence that would have been devastating at trial.
Challenging Physical and Digital Evidence
| Fingerprint Evidence Is Not as Reliable as You Think A fingerprint examiner testified the prints at a burglary scene “matched” my client. Our expert exposed that fingerprint analysis is subjective interpretation, not objective science. Result: Not Guilty. |
| Cell Phone Location Evidence: What It Actually Proves Prosecutors claimed cell tower data placed my client at the crime scene. Our telecommunications expert demonstrated that cell phones do not always connect to the nearest tower—and the data actually proved nothing about my client’s location. Result: Not Guilty. |
| How a Forensic Psychiatrist Uncovered Brain Damage That Changed Everything My client faced felony charges, but a forensic psychiatrist discovered toxoplasmosis had caused frontal lobe damage affecting his ability to form criminal intent. Result: Felony reduced to misdemeanor. |
| DNA Evidence: When a CODIS Cold Hit Is Not What It Seems A combat veteran faced sexual battery charges after a DNA “cold hit” matched him to an 8-year-old case. Our independent geneticist reviewed the bench notes and raw electronic data, discovering that the state’s analyst had misinterpreted an allele at a critical genetic location. When confronted at deposition, the state’s own expert admitted the error. Result: Case Dismissed. |
| Retrograde Extrapolation: When the State’s BAC Math Does Not Add Up In a DUI manslaughter case, our forensic toxicologist challenged the state’s retrograde extrapolation calculation, demonstrating that the prosecution’s BAC estimate at time of driving was scientifically unreliable. Result: Not Guilty. |
| Data Recovery Expert Defeats Evidence Destruction Claims Prosecutors accused my client of destroying evidence by wiping his phone. Our digital forensics expert recovered the deleted data—which contained exculpatory evidence the state never wanted the jury to see. Result: Not Guilty. |
Challenging Expert Testimony and Medical Evidence
| When a Confession Is Not a Confession: Forensic Psychology Exposes Coercion A mentally ill 14-year-old was subjected to coercive interrogation techniques until he agreed with whatever detectives suggested. Our forensic psychologist demonstrated the confession was involuntary. Result: Felony sex charges reduced to misdemeanor battery. |
| When the Car—Not the Driver—Caused the Crash My client faced vehicular homicide charges after a fatal crash. Our accident reconstructionist, who was also an ASE-certified mechanic, found a stuck accelerator caused the crash—not reckless driving. Result: Probation instead of prison. |
| Aggravated Child Abuse: When Medical Testimony Exceeds the Science My client faced aggravated child abuse charges based on a Child Protection Team doctor’s testimony that injuries were “consistent with abuse.” Our forensic pathologist reviewed the medical records and identified a genetic condition that explained the child’s injuries. The CPT doctor’s conclusions exceeded what the science supported. Result: Charges Dismissed. |
| Challenging SANE Nurse Conclusions with Forensic Pathology A SANE nurse concluded injuries were “consistent with forced trauma.” Our forensic pathologist reviewed the colposcope images and determined the injuries were not recent and had an alternative cause. Result: Case resolved favorably. |
| Similar Is Not the Same: Firearms Expert Excludes Prejudicial Photo Prosecutors wanted to show the jury social media photos of my client holding a gun. Our firearms expert—a retired ATF agent—identified the gun as a different model than the murder weapon, breaking the prosecution’s nexus argument. Result: Photo excluded. Not guilty of homicide. |
For Defendants with Attorneys Who Need Help
Sometimes defendants recognize that their current attorney lacks the forensic knowledge needed to effectively challenge the evidence in their case. Fortunately, if you find yourself in this situation, you have options.
Specifically, I offer criminal trial consulting services for defendants and their attorneys. As a result, your current attorney can benefit from my forensic expertise without requiring you to change legal representation. In particular, I can help identify which experts to retain, develop strategies for challenging forensic evidence, and prepare for cross-examination of the state’s expert witnesses.
Learn more: Criminal Trial Consulting Services
Frequently Asked Questions
What is forensic evidence?
Forensic evidence is scientific evidence used in criminal cases to prove or disprove facts at issue. Common types include DNA, fingerprints, toxicology reports, digital evidence, ballistics, medical examinations, and cell phone location data. Although often presented as definitive proof, most forensic evidence actually involves interpretation and analysis that can be challenged.
What types of cases involve forensic evidence?
Virtually all serious criminal cases involve some form of forensic evidence. For example, homicides involve ballistics, DNA, and pathology. Similarly, sexual assaults involve medical examinations and DNA. Likewise, DUI cases involve toxicology, while drug cases require laboratory analysis. Even seemingly simple theft and burglary cases may have fingerprints or surveillance footage that can be challenged
Can forensic evidence be wrong?
Yes, it certainly can. Forensic evidence can be wrong due to laboratory errors, contamination, flawed analysis, or conclusions that exceed what the science supports. Moreover, some types of forensic evidence—like fingerprint comparison—involve subjective interpretation rather than objective measurement. Consequently, defense experts can identify these errors and limitations.
Why do I need a defense expert if the prosecution already has an expert?
Without your own expert, the jury hears only the prosecution’s interpretation of the forensic evidence. In contrast, a defense expert can review the same evidence and reach different conclusions. Additionally, they can identify errors in the prosecution’s analysis and explain limitations that the state’s expert may not acknowledge.
How do I know if my attorney understands forensic evidence
Simply ask them directly about their experience challenging forensic evidence and which experts they have worked with. An attorney who truly understands forensic science should be able to explain the limitations of the evidence in your case and describe precisely how they plan to challenge it.
How much does a defense expert cost?
Expert witness fees vary significantly depending on the type of expert and the complexity of the case. However, the cost of an expert is often far less than the cost of a conviction. Ultimately, in serious cases, expert witnesses represent an investment in your defense that can mean the difference between prison and freedom.
| Your Freedom May Depend on Challenging the Science Forensic evidence is not infallible. With the right attorney and the right experts, even the most damaging evidence can be challenged. Do not let prosecutors convict you with science you do not understand. Call (813) 727-7159 for a Confidential Consultation |
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