Many confession cases are decided before trial, at a hearing where the defense asks one question: where is the crime? As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I bring a former police academy instructor’s view of how interrogations are run, and I spent years in the Major Crimes Unit defending homicide, sex crime, and child abuse cases built on statements. I am also the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys use the corpus delicti rule to test whether the State has a case without the client’s own words.

What is the corpus delicti rule in Florida?

The corpus delicti rule requires the State to prove that a crime occurred, using evidence other than the defendant’s statements, before a confession can be admitted. “Corpus delicti” is Latin for “the body of the crime.” Florida courts have applied the rule for well over a century.

The leading case is State v. Allen, 335 So. 2d 823 (Fla. 1976). Tommy Allen confessed that he was driving the car when his passenger, Curtis Black, was thrown out and killed. The Florida Supreme Court explained the purpose of the rule in one line: “no person be convicted out of derangement, mistake or official fabrication.” The State’s burden is to bring forth “substantial evidence” tending to show the commission of the crime. That proof can be circumstantial, and it does not need to be overwhelming, but it “must at least show the existence of each element of the crime.”

In Allen’s case, the Court found enough independent proof. Witnesses saw Allen get into the driver’s side minutes before the crash, and the position of Black’s body suggested he was the passenger. The confession came in.

Does the rule apply to admissions as well as full confessions?

Yes. A partial admission is treated the same as a full confession. In Burks v. State, 613 So. 2d 441 (Fla. 1993), a truck driver charged with DUI manslaughter under section 316.193, Florida Statutes, told police he was the driver. The Florida Supreme Court held that the State cannot use an admission to fill in a missing element: “The corpus delicti cannot be proven solely by a confession or admission.” Burks’s conviction stood only because other evidence, including his supervisor asking whether Burks could drive the truck away, independently put him behind the wheel.

What must the State prove before your confession comes in?

The State must show two things with independent evidence: that a harm of the type charged occurred, and that it was caused by someone’s criminal conduct. It does not have to prove who did it first. Allen held that the defendant’s identity is not a required predicate for admitting a confession.

Why do false confessions make this rule matter?

People confess to crimes they did not commit, and the numbers prove it. In 2024, the National Registry of Exonerations recorded 147 exonerations in the United States, and 22 of them (15%) involved false confessions, according to its 2024 Annual Report. Three of the 147 were Florida cases.

Legal scholarship explains how this happens. In The Problem of False Confessions in the Post-DNA World, 82 N.C. L. Rev. 891 (2004), Steven Drizin and Richard Leo studied proven false confessions and the interrogation pressures behind them. Their work is a large part of why courts and defense lawyers treat an uncorroborated confession with caution. The corpus delicti rule is the evidentiary safeguard that keeps a statement like that from standing alone. Our firm also challenges how a statement was obtained, which is a separate fight covered in our guide to fighting a false confession and in our discussion of coerced confessions and forensic psychology.

How is a corpus delicti challenge different from a motion to suppress?

A motion to suppress attacks how police got the statement; a corpus delicti objection attacks whether the State has proof of a crime apart from the statement. The two work together. A confession taken in violation of Miranda, or one that was coerced, can be suppressed even if the crime is well documented. A voluntary, properly warned confession can still be kept out if the State cannot show the crime occurred.

The issue also survives into trial. If the judge admits the confession at a pretrial hearing, our attorneys can renew the objection when the State rests and move for a judgment of acquittal if the independent evidence never filled the gap. Losing one round does not end the issue.

What is Florida’s confession-without-corpus exception in sex crimes?

Section 92.565 lets the State use a confession in certain sex abuse cases without proving the corpus delicti, but only after a judge finds the confession trustworthy. The factors the statute lists point to cases where an alleged victim, such as a very young child or a person who was asleep or incapacitated, cannot describe each element of the offense.

Under section 92.565, Florida Statutes, the exception covers charges including sexual battery under section 794.011, lewd or lascivious offenses under section 800.04, incest, child abuse or neglect involving sexual abuse, offenses under section 827.071, certain human trafficking and computer-solicitation offenses, “any other crime involving sexual abuse of another,” and attempts, solicitations, and conspiracies to commit them. Our Tampa sex crimes lawyer page explains how these charges are defended from investigation through trial.

The statute sets out a specific sequence:

1. The hearing happens outside the presence of the jury.
2. The judge must first find that the State is unable to show the existence of each element of the crime. Relevant factors include whether the alleged victim was physically helpless, mentally incapacitated, physically incapacitated due to age or infirmity, or under 12 years old.
3. The State must then prove by a preponderance of the evidence that there is sufficient corroborating evidence that tends to establish the trustworthiness of the statement.
4. Hearsay is admissible at the hearing, and the court may consider all relevant corroborating evidence, including the defendant’s own statements.
5. The judge must make specific findings of fact on the record.

The statute also applies only to a “memorialized” confession or admission. Whether a statement was preserved, and how, is often the first question our attorneys ask.

Has section 92.565 survived court challenges?

Yes, so far. In State v. Dionne, 814 So. 2d 1087 (Fla. 5th DCA 2002), a man charged with sexual battery on a sleeping victim moved to suppress his confession because the State could not independently prove the crime. The trial court applied the old rule and suppressed it. The Fifth District reversed, holding that section 92.565 is a procedural rule of evidence that “merely changes the predicate” for admitting a confession. It does not lower the State’s burden to prove guilt beyond a reasonable doubt, so it could be applied to offenses committed before it took effect.

The practical lesson from Dionne: in a covered case, the fight moves from “is there a body of the crime?” to “is this confession trustworthy?” That hearing is often where the case is won or lost.

How do our attorneys challenge trustworthiness under section 92.565?

We attack the corroboration, the recording, and the conditions of the interrogation. The statute asks whether independent evidence tends to establish that the statement is true, so we look for facts in the confession that police supplied, facts that do not match the physical evidence, and details the accused could have learned from the accusation itself.

• Contamination: Did the detective reveal key facts before the client repeated them?
• Fit with the evidence: Do the medical findings, timeline, and scene match what the statement says?
• Recording gaps: Is the full interview recorded, or only the final admission?
• Vulnerability: Age, intellectual disability, intoxication, fatigue, and mental illness all bear on reliability.
• Child hearsay overlap: When the accusation comes through a child’s out-of-court statements, we also contest those statements, as explained in our child hearsay guide.

What happens if a confession is the State’s only evidence?

If the State has nothing but the confession and no statutory exception applies, the confession should not be admitted, and without it there is no case. In practice, prosecutors usually have something: a report, an injury, a missing item, a witness. The question is whether that independent evidence shows each element. A charge with a missing element, such as no proof that property was taken without consent, is where the rule does the most work.

Why should you call a lawyer before you are charged?

The strongest corpus delicti defense is a statement that was never made. If detectives want to “clear things up,” you may already be a suspect; our post on the signs you are being investigated covers the warning signs. Our firm offers representation before charges are filed, which can include speaking with detectives for you and presenting information to prosecutors before a filing decision. In Hillsborough County, felony charging decisions are made by the State Attorney’s Office for the 13th Judicial Circuit, and early contact with that office can shape what gets filed.

Frequently asked questions

Can I be convicted in Florida if my confession is the only evidence?

Generally no. Florida requires independent evidence that a crime occurred before a confession can be admitted, unless a statutory exception like section 92.565 applies and a judge finds the statement trustworthy. The Brancato Law Firm reviews the State’s evidence element by element to find what is missing before any trial date is set.

Does the State have to prove I am the person who committed the crime before using my confession?

No. Under State v. Allen, the State must independently show that a crime occurred, but it does not have to independently prove the defendant’s identity before the confession comes in. Our attorneys at The Brancato Law Firm still hold the State to proof beyond a reasonable doubt on identity at trial.

What is a section 92.565 hearing?

It is a hearing outside the jury’s presence where a judge decides whether the State can use a memorialized confession in a covered sex abuse case without proving the corpus delicti. The Brancato Law Firm prepares for these hearings by comparing every detail of the statement against the medical, digital, and witness evidence, and our sex crimes defense attorneys treat that hearing as a trial before the trial.

Does corpus delicti apply in DUI manslaughter cases?

Yes. Burks v. State was a DUI manslaughter case, and the Florida Supreme Court held that the State could not use the defendant’s admission that he was driving to supply a missing element. At The Brancato Law Firm, we examine crash scene evidence, witness timelines, and vehicle data in fatal crash cases to test whether driving can be shown without the statement.

Is corpus delicti the same as a false confession defense?

No. Corpus delicti asks whether there is independent proof of a crime; a false confession defense asks whether the statement is reliable or voluntary. The Brancato Law Firm often raises both, and our team works with forensic psychologists when interrogation tactics are at issue, as described in our guide to fighting a false confession.

Should I talk to detectives to explain my side?

Not without a lawyer. A statement made to “explain” can become the admission that fills a gap in the State’s evidence. The Brancato Law Firm can speak with detectives for you through our pre-file advocacy work.

For how this fits into the rest of a case, see our stage-by-stage guide to the Florida criminal case process.

Talk to our attorneys about your statement

If detectives have your statement, the next step is finding out what the State can prove without it. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 before your first court date; call us at any hour. Our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa. For more about our defense strategies, visit our Sex Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A Florida judge deciding whether a pastor can testify asks four specific questions about the conversation, and the answers usually turn on details the State never mentions in its charging papers. I have spent more than 25 years in Hillsborough County courtrooms, including years in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, where I handled sex crime and child abuse cases. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and our attorneys build the factual record that decides whether a statement to clergy stays out of a trial.

What Is the Clergy Privilege in Florida?

The clergy privilege is a rule of evidence that protects confidential conversations with a member of the clergy acting as a spiritual adviser. Under section 90.505, Florida Statutes, “a person has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication by the person to a member of the clergy in his or her capacity as spiritual adviser.”

The statute defines a “member of the clergy” as “a priest, rabbi, practitioner of Christian Science, or minister of any religious organization or denomination usually referred to as a church, or an individual reasonably believed so to be by the person consulting him or her.” The privilege belongs to the person who confided, not the pastor. It may be claimed by that person, a guardian, a personal representative, or the clergy member on the person’s behalf.

What Are the Four Requirements for Clergy Privilege in Florida?

Florida courts apply a four-part test. In Nussbaumer v. State, 882 So. 2d 1067 (Fla. 2d DCA 2004), the Second District Court of Appeal stated the test this way, and appellate courts across Florida still cite it:

1. A member of the clergy. The communication must be made to clergy as the statute defines the term, or to someone the person reasonably believed was clergy.
2. Spiritual counsel. The person must have been seeking spiritual counseling and advice, not secular help.
3. The usual course of practice. The clergy member must have received the communication in the usual course of his or her practice or discipline.
4. Private and not for further disclosure. The communication must be made privately and not intended for disclosure, except to others present in furtherance of it.

In Nussbaumer, a man charged with lewd or lascivious molestation of a child had received counseling from a pastor, and the State subpoenaed the pastor’s counseling records. The man testified that he “wanted Christian counseling,” and the sessions took place at the church and centered on prayer and Bible study. The court held that all four requirements were met, ruled the communications and records “privileged as a matter of law,” and quashed the orders compelling disclosure.

The table summarizes how courts have applied the test. Each case turns on its own testimony, which is why our attorneys at The Brancato Law Firm interview the client, and when possible the clergy member, before the privilege hearing.

What Did the Court Decide in Castano v. State?

The Third District Court of Appeal held that a father’s admission to his family’s pastor during family counseling was privileged, and it reversed his child sexual abuse convictions. In Castano v. State, No. 3D2022-2081 (Fla. 3d DCA May 14, 2025), Fernando Castano was tried in Miami-Dade County on eleven counts, including capital sexual battery and lewd and lascivious molestation of a child.

Castano had sought spiritual and pastoral counseling for his family from Lakhi Dadlani, a pastor and certified counselor. At a meeting at his son’s football practice, Castano told the pastor he had sexual encounters with his daughter and that his wife wanted a divorce. The pastor believed Castano wanted him to speak with the wife and daughter to help restore the family, and he then contacted the wife. The trial court found the defense had not proved the conversation was not intended for further disclosure, and the pastor testified at trial.

The appellate court disagreed. It reasoned that “the inclusion of the wife in this communication was in furtherance of the family counseling,” so the disclosure “was simply to another person within that sphere of privilege.” Because the case was a “he said, family said” dispute and the State highlighted the pastor’s testimony in closing, the error was not harmless. The court reversed the eight sexual abuse convictions and affirmed three convictions from a separate domestic incident involving his wife.

The opinion opens with a line that frames the whole decision: “The relationship between a member of the clergy and parishioner is sacred.” At the time of this update, the opinion had not been assigned a Southern Reporter citation.

When Does the Clergy Privilege Not Apply in Florida?

The privilege fails whenever one of the four requirements is missing. In McDermott v. State, 360 So. 3d 1213 (Fla. 5th DCA 2023), a Volusia County man charged with sexual battery of his stepdaughter made admissions to a church member at that man’s home. The Fifth District held the statements were not privileged because the listener “was not a member of the clergy” at the time; he was a lay volunteer who had not been licensed as a minister.

The court added a second reason. The stepdaughter’s mother and the listener’s wife were both present, and the court held their presence was not “in furtherance of the communication,” so the statements were not private. McDermott’s conviction was affirmed.

The contrast with Castano is instructive. A spouse who is part of family counseling can be inside the privilege, but adults who are simply in the room usually are not. These hearings often turn on exactly who was present and why.

Does Clergy Privilege Apply in Child Abuse Cases in Florida?

Yes. Florida abrogates most privileges in child abuse cases but expressly keeps the clergy privilege. Section 39.204, Florida Statutes, provides that the privileges between husband and wife, between professionals and their patients or clients, and “any other privileged communication except that between attorney and client or the privilege provided in s. 90.505” do not apply to communications involving an alleged perpetrator of child abuse.

That exception has two practical effects. A spouse can usually be compelled to testify about a defendant’s admissions in a child abuse case, as the McDermott court held, but a member of the clergy who received a privileged communication cannot. The same statute says abrogated privileges are not grounds for failing to report abuse under section 39.201, Florida Statutes, which requires any person who knows or suspects child abuse to report it to the central abuse hotline.

Florida’s approach is not universal. Law professor Norman Abrams surveyed all fifty states in Addressing the Tension Between the Clergy-Communicant Privilege and the Duty to Report Child Abuse in State Statutes, 44 B.C. L. Rev. 1127 (2003), and found that a majority of states expressly exempt privileged clergy information from reporting duties, some expressly override the privilege for child abuse reporting, and others do not address the conflict at all.

How Many Child Abuse Investigations Happen in Florida?

Florida conducted 175,314 child protective investigations in fiscal year 2021-2022, according to the Florida Department of Children and Families’ annual performance report on sheriffs performing child protective investigations. The same report states that the Hillsborough County Sheriff’s Office received 11,751 child and special condition reports that year.

Those numbers matter for privilege questions. Many child abuse cases begin with a hotline report, and an investigator’s first interviews often reach church leaders, counselors, and family members. Statements made in those early weeks become the evidence the State relies on, so our representation before charges are filed focuses on identifying privileged conversations before anyone repeats them to an investigator.

How Do Defense Attorneys Keep a Pastor’s Testimony Out of a Florida Trial?

The defense raises the privilege before trial, usually by a motion in limine or a motion for a protective order, and proves each of the four requirements with testimony. The person claiming the privilege must prove each requirement, which is where the Castano defense initially fell short in the trial court. Our Tampa child abuse attorney page explains how we defend the underlying charges.

These are the steps our attorneys take when a client has spoken with clergy:

• Identify every conversation. We list each talk with a pastor, priest, counselor, or church member, with the date, place, and who was present.
• Establish the clergy member’s status. Ordination, licensing, and the church’s own description of the role help satisfy the first requirement.
• Document the spiritual purpose. Prayer, confession, scripture study, and pastoral counseling support the second and third requirements.
• Explain anyone else’s presence. As Castano shows, a family member who is part of the counseling can fall within the privilege; a bystander usually cannot.
• Move to quash subpoenas for records. As in Nussbaumer, counseling notes held by the church can be protected along with the conversation itself.
• Preserve the issue for appeal. A timely objection and a full record are what allowed the Castano convictions to be reversed.

Privilege rulings often overlap with other evidence fights in sex crime cases, such as the State’s use of prior accusations, which our guide Can Prior Accusations Be Used Against You in a Florida Sex Crime Case? explains.

Frequently Asked Questions About Clergy Privilege in Florida

Can a pastor be forced to testify about a confession in Florida?

Usually not, if the confession was made privately to a member of the clergy for spiritual counsel, because section 90.505 lets the person who confided block the testimony. Our attorneys at The Brancato Law Firm raise the privilege before trial and build the record on all four statutory requirements.

Does the clergy privilege apply to a youth pastor or church volunteer in Florida?

It applies to a youth pastor who is a minister of the church, but usually not to a lay volunteer unless the person reasonably believed the volunteer was clergy, as McDermott shows. The Brancato Law Firm gathers ordination and church role records early, because this question often decides the hearing.

Is a conversation with a pastor privileged if my spouse was there?

It can be, if the spouse was present in furtherance of the counseling, as in family counseling in Castano v. State. Our attorneys at The Brancato Law Firm look closely at why each person was present, since adults who are not part of the counseling can defeat the privilege.

Do Florida clergy have to report child abuse they learn about in confession?

Florida law requires any person who suspects child abuse to report it, but section 39.204 preserves the clergy privilege, so a privileged communication is treated differently from other information. The Brancato Law Firm advises clients and families who are unsure what a conversation with clergy means for a pending investigation; see our child abuse defense page.

Can the State subpoena church counseling records in a Florida criminal case?

The State can issue the subpoena, but records of privileged clergy communications can be protected, as the court held in Nussbaumer v. State. The Brancato Law Firm moves to quash these subpoenas and seeks protective orders before any records are turned over.

Should I talk to my pastor if I am under investigation for a sex crime in Tampa?

Speak with a defense attorney first, because the privilege has strict requirements and a conversation that misses one of them can become trial evidence. Our attorneys at The Brancato Law Firm offer pre-file advocacy for people who learn they are under investigation.

For how this fits into the rest of a case, see our stage-by-stage guide to the Florida criminal case process.

Talk to a Tampa Defense Attorney Before Anyone Repeats Your Words

The best time to protect a conversation with clergy is before the State asks about it, usually in the first weeks of an investigation. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159, and our attorneys will review who you spoke with, what was said, and whether the privilege applies. Call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for criminal defense in Spanish and Haitian Creole in Tampa.

For more about our defense strategies, visit our Tampa Child Abuse Attorney page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you have been falsely accused of a sex crime in Florida, stop talking about the allegation with anyone except a criminal defense attorney. Do not contact the person who made the accusation, directly or through anyone else. Preserve every text, photo, and account exactly as it is. Get a defense attorney involved before you answer a single question from a detective.

Those steps matter because in many Florida sex crime investigations, the accused person’s own words are the evidence the State is missing. Detectives collect those words through interviews pitched as a chance to “clear things up,” through recorded calls placed by the accuser, and through texts, apologies, and conversations with family. The weeks before charges are filed are also when a defense team can do the most.

At The Brancato Law Firm, sex crime cases are a core part of our major crimes practice. Rocky Brancato spent years in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, where he handled only sex offense and child abuse cases, and later oversaw a staff of over 100 attorneys as the office’s Chief Operations Officer. This guide covers what we tell people in the first hours after an allegation: what to do, what not to say, and what a defense team does while the State is still deciding whether to file charges.

What Counts as Being “Falsely Accused” of a Sex Crime?

People use “falsely accused” to describe three different situations:

• A fabricated allegation. The event described never happened.
• Mistaken identity. Something happened to the accuser, but you were not the person involved.
• A consensual encounter later described as nonconsensual. You and the other person agree something happened, but not on whether it was consensual.

The steps in this guide are the same in all three. You do not need to prove your innocence to anyone right now. Trying to prove it on your own is where a lot of the damage gets done. If you were drinking and are unsure about parts of the night, the same steps apply, and that uncertainty is one more reason to describe the night to no one but your lawyer.

Each situation calls for a different defense once a case is underway. Our guide to sex crime defenses in Florida walks through them, and our article on the consent defense covers disputes over consent specifically.

What to Do If You’re Accused of a Sex Crime in Florida

The urge to explain yourself will be strong, especially if you know you did nothing wrong. Almost every step below comes down to holding off on that explanation until you have a lawyer.

1. Stop discussing the allegation. That includes the accuser, friends, family, coworkers, a new partner, and anyone online. Your conversations with your defense attorney are privileged. Most other conversations are not.
2. Invoke your rights out loud if police contact you. Use the exact words in the next section, then stop talking. Staying quiet without saying the words is not enough.
3. Hire a criminal defense attorney before any interview. Your attorney becomes the detective’s point of contact. If a detective left a card or a voicemail, give it to your lawyer instead of calling back yourself.
4. Do not contact the accuser. Do not apologize, explain, or ask why. Do not send a message through a friend, a relative, or social media. If the accuser contacts you, do not engage, and tell your attorney.
5. Preserve everything. Keep every text, DM, photo, call log, dating app conversation, and account. Do not delete anything, reset your phone, or replace it. Messages that look bad out of context are often the same ones that show the context.
6. Write down what you remember, for your attorney only. Note dates, places, who was present, and anything that shows where you were, such as receipts, rideshare records, or location history. Address the notes to your lawyer and share them with no one else.
7. Leave the witnesses to your defense team. Make a list of people who may know something. Do not interview them yourself or ask anyone to back up your version of events. Your defense team can interview them independently.
8. Follow every release condition exactly. If you were arrested and released, a no-contact order or other condition applies until a judge changes it.
9. Stay off social media about the allegation. No posts, no vague status updates, and no deleted content.

What to Say to a Detective, Word for Word

If a detective calls, knocks on your door, or asks you to come to the station, say this:

“I am going to remain silent. I want a lawyer, and I will not answer any questions without my lawyer present.”

Then stop talking. Do not add an explanation, a denial, or small talk. Take the detective’s contact information and give it to your attorney.

The exact words matter because the law on silence and counsel is narrower than most people assume. In State v. Horwitz, the Florida Supreme Court held that the State cannot use a defendant’s pre-arrest, pre-Miranda silence as substantive evidence of guilt when the defendant does not testify. That protection has limits. Silence can still be used to challenge your credibility if you testify, and under federal law, the Fifth Amendment generally protects silence only when you expressly invoke it.

A vague request for a lawyer can fail too. Under Davis v. United States, a suspect who has already waived Miranda rights must clearly ask for an attorney before police are required to stop. Florida adopted that rule in State v. Owen and applied it to any equivocal assertion of a Miranda right. “Maybe I should talk to a lawyer” is not enough. Say it plainly, and do not keep the conversation going after you say it.

The same script applies to a phone call and to a detective who says you are “not under arrest” and just has “a few questions.”

What Not to Say When You’re Accused of a Sex Crime

Innocent people say things that sound harmless in the moment and read very differently in a police report or on a recorded call. These are some of the most common:

What Not to Say to the Detective

Do not accept the invitation to “come in and clear it up.” An interview is how a detective gathers statements, and any statement you give to explain yourself is one the State can use.

Detectives are also allowed to say things that are not true. In Florida, an officer can tell you that your DNA was found or that a friend already gave a statement when neither is true. In State v. Cayward, a case from the Second District Court of Appeal, which covers Hillsborough, Pinellas, and Pasco Counties, the court upheld the suppression of a confession police obtained after fabricating lab reports in a child sexual assault and homicide investigation. The court drew the line at manufactured documents, though. Verbal deception counts as one factor in whether a confession was voluntary. It does not make a confession inadmissible on its own.

Rocky Brancato is a former police academy instructor who trained officers on criminal procedure and courtroom testimony. We know how officers are taught to question suspects, and we have seen how often innocent people talk themselves into trouble. Research on police-induced confessions points the same way. A 2010 white paper in Law and Human Behavior identified innocence itself as a risk factor, because innocent people tend to waive their rights on the belief that the truth will protect them. A 2025 update from the same researchers documents how rarely Miranda warnings work as a safeguard in practice.

What Not to Say to the Accuser (Including Controlled Calls and Texts)

Assume that any call, text, or message from the accuser after an allegation is being recorded, and that a detective may be in the room. Florida is an all-party consent state for recordings, but § 934.03(2)(c) makes an exception for recordings made by police or by a person acting at their direction. That is how a controlled call works. The accuser places the call, the detective records it, and you do not know.

Controlled calls often open with a line that invites you to acknowledge something. In Carter v. State, a Florida appellate case, the recorded call opened with the complainant saying they could not get over what had happened between them. That call was played for the jury. The defendant’s later denials to police were not, because the court held the rule of completeness did not require it. One apology or vague answer on a call like that can outweigh everything you say afterward.

Defense attorneys can sometimes limit what a jury hears. In Woolman v. State, the Second District reversed convictions in part because most of a recorded controlled call was highly prejudicial and had little relevance to the charges. That challenge comes after the call exists, though. The better outcome is a call that contains nothing useful.

If the accuser calls or texts, do not respond. If you have already picked up, do not discuss the allegation. End the conversation and tell your attorney.

What Not to Say to Friends, Family, and Coworkers

Anyone you talk to about the allegation can be interviewed by a detective and called as a witness. Conversations with parents, friends, coworkers, and new partners generally are not privileged the way your conversations with your lawyer are.

Do not ask anyone to contact the accuser for you, pass along a message, or find out what the accuser is saying. That can violate a no-contact order and can look like an attempt to influence a witness. If people ask, a short answer is enough: “I’ve been told not to discuss it, and my attorney is handling it.”

What Not to Say to Your Employer or Licensing Board

Some licensed professionals have to report, and the rules differ by license.

• Teachers and educators. Rule 6A-10.081 of the Florida Administrative Code, as posted by the Florida Department of Education, requires educators to self-report an arrest for certain offenses within 48 hours.
• Nurses and other health care licensees. Under § 456.072(1)(x), the duty to report is triggered by a conviction, finding of guilt, or no contest plea, not by an arrest. The report is due within 30 days.
• CDL holders and other licensed workers. Reporting duties depend on the license and the employer. Check the requirement with your attorney before saying anything.

In every case, report exactly what the rule requires, in wording your attorney drafts, and nothing more. The report should be a bare notice. It is not the place to explain what happened, and neither is a conversation with HR.

What Not to Say on Social Media

Posts, stories, comments, and DMs are all statements, and screenshots outlast the accounts they came from. Do not post about the allegation, the accuser, or your side of the story, even in vague terms. Do not delete old content either, for the reasons covered in the next section.

What Not to Say at an Injunction Hearing or in Family Court

An accuser can petition for a sexual violence injunction under § 784.046 whether or not criminal charges were filed, reduced, or dismissed. The injunction case is civil, and a civil injunction by itself does not mean you will be charged. Many of these petitions grow out of the same incident as a criminal investigation, though, and anything you say at the hearing is sworn and recorded. That testimony can surface in the criminal case.

The same is true of testimony in a divorce, a custody case, or a dependency case. Do not walk into any of these hearings without your defense attorney helping decide whether and how you testify.

What Not to Do: Actions That Can Create New Charges

Some of the most natural reactions to a false accusation are separate crimes in Florida. Each one gives the State a new case, often an easier one to prove than the original allegation.

People often assume they can record a call because it is legal in other states. Florida requires the consent of every party. A secret recording can lead to a felony charge against you while producing evidence a court will not hear.

A no-contact order has one exception that matters here. The statute allows the defendant’s attorney to communicate with the protected person for lawful purposes. Every other channel, including a mutual friend, is off limits.

Should You Take a Polygraph or Go In to “Give Your Side”?

In Florida, polygraph results are inadmissible unless both sides sign a written stipulation, under Davis v. State (Fla. 1988) and related cases. The real risk in a police polygraph offer is the questioning that comes with it. The exam includes interviews before and after the test, and those conversations are where people explain, elaborate, and say things a detective can use.

The invitation to “come in and give your side” works the same way. The detective sets the time, the room, and the questions. If presenting your side ever makes strategic sense, your attorney can do it through a controlled submission to the prosecutor, which is covered below.

A request for a voluntary DNA swab deserves the same caution. Under § 943.325, anyone arrested for a felony in Florida gives a DNA sample at booking. Whether to provide one voluntarily before that point is a decision to make with your lawyer.

What If You Already Talked to the Police?

It is never too late to stop. You can invoke your rights at any point, including in the middle of an interview or after one is over. Do not call the detective back to correct or add to what you said.

An attorney can review what you already said and how the interview was conducted. That review looks at whether Miranda warnings were given and honored, whether a clear request for a lawyer was ignored, and whether the tactics used crossed a legal line. Our article on false confessions in sex crime cases explains how those statements are challenged.

What a Defense Attorney Does Before Charges Are Filed

The period between an allegation and the State Attorney’s filing decision is often the most important stage of a sex crime case. We call the work done in this window pre-file advocacy. In a sex crime investigation, it typically includes:

• Acting as the point of contact with the detective, so you are never alone in an interview room
• Interviewing witnesses independently, before memories fade or stories shift
• Preserving favorable evidence, such as location data, messages, receipts, and video that may be overwritten
• Retaining forensic experts early when the evidence calls for it, including DNA analysts, forensic pathologists, digital forensic examiners, and psychologists
• Presenting evidence, witness statements, and context to the detective and the prosecutor before a charging decision is made

Rocky Brancato described this work in his book, How to Choose a Major Crimes Attorney:

“And often, the best outcomes happen quietly. In many cases, experienced attorneys can meet with prosecutors early and present the flaws in the case before charges are even filed. That kind of outcome never makes the news, but it changes lives.”

Early forensic scrutiny can also change a case that looks settled. In a cold-hit DNA case, the State presented a CODIS match in a sexual battery case from eight years earlier. Our defense team subpoenaed the lab’s bench notes, obtained the raw electronic data, and retained an independent geneticist, who found that the State’s analyst had misread an allele at a critical location. The DNA did not match at the required threshold, and the prosecutor dismissed the case. Each case is unique. Past results do not guarantee future outcomes.

Why a Detective May Call Years Later

Many sex crime allegations have no filing deadline in Florida, so there is often nothing pushing the State to decide quickly. The time limits under § 775.15 include:

A call from a detective about an event from years ago deserves the same response as one about last weekend.

When the Allegation Involves DCF, a School, or a Licensing Board

Sex crime allegations often come with a second proceeding that runs alongside the criminal investigation. That can be a DCF investigation, a school disciplinary or Title IX process, a licensing board inquiry, or the injunction and family court hearings covered above. Sworn or recorded statements in any of them can reach the criminal case. One defense attorney should coordinate all of them, so nothing you say in one setting undercuts your defense in another.

Allegations Involving a Child: DCF and Child Protection Teams

When an allegation involves a child, a DCF investigation is effectively a law enforcement investigation. Under § 39.301, DCF must forward allegations of criminal conduct, including suspected sexual abuse, to local law enforcement, with narrow exceptions, and the two agencies can respond jointly. DCF investigators must tell you that you have the right to your own attorney and how the information you give may be used. Take that warning at face value.

Every report alleging sexual abuse goes to a Child Protection Team, which may conduct a forensic interview of the child. Those teams can include law enforcement representatives, and their records can be shared with the State Attorney. A child’s recorded interview may be played at trial under the child hearsay exception, but only after a reliability hearing and specific findings by the judge. Our guide to child hearsay explains how that hearing works.

How a child is questioned shapes what the child says. Rocky Brancato has presented to Hillsborough County Public Schools on police interrogation of children, and our defense team examines how each forensic interview was conducted, starting with the first question.

Allegations involving a child sometimes arise in the middle of a divorce or custody dispute. If you are a parent in that situation, do not question your child about the allegation or discuss it with them. Do not respond to the other parent about it except through counsel.

College Students Facing a School Process

A student accused of sexual misconduct may face a school investigation and a criminal investigation at the same time. Written statements and hearing testimony in the school process can be obtained by prosecutors. Have a criminal defense attorney review anything before you submit it or testify.

Can You Sue the Accuser or Press Charges for a False Report?

That question comes later, if at all. While the criminal investigation is open, any step against the accuser can look like retaliation, and contact aimed at discouraging cooperation can itself be charged under Florida’s witness harassment law.

Florida does criminalize false reports. Under § 837.05, knowingly giving police false information about a crime is a first-degree misdemeanor, and a false report of a capital felony is a third-degree felony. The State decides whether to bring that charge, not the person who was accused. Florida’s sexual battery statute also has a narrow false-report provision, but it covers only accusations against certain authority figures, such as law enforcement and correctional officers. It is not a general false-report crime.

Our firm handles criminal defense only. Civil claims such as defamation belong with a civil attorney, and that conversation makes the most sense after the criminal case is resolved.

What’s at Stake in a Florida Sex Crime Case

The penalties are serious enough that your first decisions carry real weight:

• Sexual battery on an adult without consent, without force likely to cause serious injury, is a second-degree felony under § 794.011(5)(b). Aggravating circumstances or a younger complainant raise the charge to a first-degree, life, or capital felony.
• Lewd or lascivious molestation by an adult of a child under 12 is a life felony under § 800.04(5)(b). The child’s consent is not a defense to any offense in that statute.
• Registration. Every sexual battery offense in § 794.011 carries sex offender registration, and for an adult conviction that registration is for life. Florida’s 25-year removal petition under § 943.0435(11) is not available to a person convicted as an adult under § 794.011. A no contest plea counts as a conviction for registration purposes even when adjudication is withheld.

Registration cannot be undone after the fact, which is why the time to act is while the case is still open. For more detail, see our articles on sexual battery in Florida and sex offender registration.

Frequently Asked Questions

Will I be arrested if someone accuses me of a sex crime?

Not always, and not always right away. Many investigations begin with a phone call, a business card at your door, or a request to come in, and the arrest decision comes later. Some allegations lead to an arrest quickly. Either way, the steps in this guide are the same.

What if the detective only wants to talk on the phone?

A phone call with a detective is an interview, and you should assume it is recorded. Use the same words you would use in person, then give the detective your attorney’s contact information.

Can I talk to my accuser to clear things up?

No. Any contact can be recorded as a controlled call, can violate a no-contact order, and can be charged as witness tampering if it looks like an attempt to change the accuser’s account. Your attorney is the only person who should communicate with the accuser’s side.

Can I record my accuser to prove they’re lying?

No. Florida requires the consent of everyone on the call, and secretly recording a conversation is a third-degree felony. The recording is also generally inadmissible, so it cannot help your case.

Should I take a polygraph if police offer one?

Not without your attorney’s advice. Polygraph results are inadmissible in Florida without a written stipulation from both sides, and the questioning before and after the test is where the real risk lies.

How long can police wait before charging me?

For many sex offenses, there is no deadline. Sexual battery involving a victim 16 or older that was not reported within 72 hours generally must be prosecuted within 8 years, while allegations involving minors often have no limit.

Do I need a lawyer if I haven’t been charged yet?

Yes. The period before charges are filed is when a defense team can interview witnesses, preserve evidence, and present information to the prosecutor before a decision is made. Waiting until after an arrest gives up that window.

Talk to a Tampa Sex Crimes Defense Team

If a detective has contacted you, left a card, or asked you to come in, or you have learned that an allegation has been made, call us before you respond. We offer free, confidential consultations and are available 24/7 for arrest emergencies. Our Tampa sex crimes defense team defends clients across Hillsborough, Pinellas, and Pasco Counties, and every defense is built to the standards Rocky Brancato developed over more than 150 jury trials to verdict. Rocky holds an AV Preeminent rating and meets the Florida Rule of Criminal Procedure 3.112 qualifications to defend capital (death penalty) cases, the most serious criminal cases there are.

Call (813) 727-7159 or contact us online for a confidential consultation.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If a detective has asked you to come in and “clear things up,” or you already gave a statement that does not match what happened, the next few days decide how much that interview will cost you. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I taught criminal procedure and courtroom testimony as a police academy instructor, then tried homicide, sex crime, and child abuse cases in the Major Crimes Unit, and I have taken more than 150 jury trials to verdict. Our attorneys use that training to take interrogation recordings apart minute by minute and to build the suppression motions and trial cross-examination that follow.

What is a false confession, and how common are false confessions?

A false confession is an admission to a crime the person did not commit, usually produced by the pressure and suggestion of a police interrogation. In 2025, 19 of the 97 exonerations recorded by the National Registry of Exonerations, or 20%, included a false confession, according to the Registry’s 2025 Annual Report of the National Registry of Exonerations, published in April 2026. The Registry counts 3,767 exonerations in the United States from 1989 through the end of 2025.

DNA cases show an even higher rate. A 2025 scientific review by seven researchers, Kassin et al., “Police-Induced Confessions, 2.0: Risk Factors and Recommendations,” Law and Human Behavior (2025), reports that false confessions contributed to nearly 30% of DNA exonerations in the United States. That review updates a 2010 white paper on the same subject, also published in Law and Human Behavior, and collects the research on why innocent people confess.

Sex crime cases are where a false confession does the most damage. Many sex abuse cases come down to one person’s word against another’s, with little physical evidence, so the defendant’s own statement often becomes the center of the State’s case. That is why our Tampa sex crimes lawyer team treats the interrogation recording as the most important piece of evidence in the file.

Our attorneys at The Brancato Law Firm use these benchmarks when we time-stamp a client’s interrogation. A session that runs many times longer than the norm is one of the first facts we put in front of the judge.

What interrogation tactics are legal in Florida, and which ones cross the line?

Florida police may lie to a suspect about the evidence, but they may not show the suspect fabricated documents, combine threats of harsher punishment with promises of leniency, or keep questioning after a clear request for a lawyer. Each of those limits comes from a specific court decision, and each one gives the defense a concrete argument in a motion to suppress.

The baseline rule comes from Frazier v. Cupp, 394 U.S. 731 (1969). Police falsely told Frazier that his companion had already confessed. The U.S. Supreme Court held that the lie was relevant to whether the confession was voluntary but was not enough, by itself, to throw the confession out.

Florida drew a firm line in State v. Cayward, 552 So. 2d 971 (Fla. 2d DCA 1989). Detectives suspected a 19-year-old of sexually assaulting and smothering his five-year-old niece but did not think they had enough evidence to charge him. With the knowledge of the State Attorney’s Office, they fabricated two scientific reports on official-looking letterhead showing that semen on the child’s underwear came from him, and they showed the reports to him to get a confession. The Second District Court of Appeal, the appellate court for Hillsborough, Pinellas, and Pasco Counties, affirmed suppression of the confession and held that manufacturing false documents violates due process. The lesson from State v. Cayward, 552 So. 2d 971 (Fla. 2d DCA 1989) is practical: a spoken bluff is usually allowed, and a fake lab report is not.

Threats paired with promises can also make a confession involuntary. In Brewer v. State, 386 So. 2d 232 (Fla. 1980), detectives told the suspect he faced the electric chair or life in prison if convicted of first-degree murder and said they would help him toward a second-degree outcome if he confessed. The Florida Supreme Court held the confession coerced and ordered a new trial.

The tactic our firm sees most in Tampa-area sex investigations is minimization. In statutory cases, a detective will offer a version of “I know you didn’t rape her,” which gives the suspect an escape from the worst accusation. The suspect then admits consensual contact, which is still a felony under section 800.04 of the Florida Statutes when the other person is under 16, because that statute makes consent no defense. The 2025 Kassin review reports that minimization raises the risk of a false confession compared with direct questioning.

What happened in the 16-hour Clearwater interrogation in State v. Sawyer?

A trial judge suppressed a murder confession after Clearwater Police Department detectives questioned Tom Sawyer for about 16 hours, and the Second District affirmed in State v. Sawyer, 561 So. 2d 278 (Fla. 2d DCA 1990). The interrogation ran from about 4:10 p.m. on a Thursday to 9:30 a.m. the next morning. Police did not give Miranda warnings until about four hours in, then ignored two requests for a lawyer and kept going after Sawyer said he no longer wanted to talk and needed to sleep.

Police also charged Sawyer with sexual battery. The State later dropped that charge because the sexual battery details, which detectives had supplied and suggested to him during questioning, turned out to be false. The trial judge heard six weeks of testimony from 47 witnesses, listened to roughly 16 hours of tape, and found the statements were the product of psychological coercion.

The evergreen lesson from State v. Sawyer, 561 So. 2d 278 (Fla. 2d DCA 1990) is that the recording won the motion, because it let the judge hear exactly who introduced each fact. Our attorneys handle cases in Pinellas County and across Tampa Bay, and we build every confession challenge the same way: by tracing each detail in the statement back to the person who said it first.

How do controlled phone calls work in Florida sex crime investigations?

A controlled call is a recorded phone call that the accuser or a family member places to the suspect at a detective’s direction, hoping the suspect will admit something. Section 934.03(2)(c), Florida Statutes, makes the recording lawful when a person acting under police direction is a party to the call or one party consents, and the purpose is to obtain evidence of a crime.

Miranda warnings usually do not apply to a controlled call. In Illinois v. Perkins, 496 U.S. 292 (1990), an undercover officer posing as a fellow inmate questioned a jailed suspect, and the U.S. Supreme Court held no warnings were required because a suspect who does not know he is talking to police feels none of the custodial pressure Miranda addresses. The same reasoning applies when the suspect thinks he is talking only to the accuser.

Recordings made without police direction follow different rules. In McDade v. State, 154 So. 3d 292 (Fla. 2014), a 16-year-old in Lee County secretly recorded her stepfather in his bedroom with an MP3 player hidden in her shirt. The Florida Supreme Court held the recordings inadmissible under section 934.06 of the Florida Statutes and ordered a new trial. Florida law now includes an exception in section 934.03(2)(k) that lets a child under 18 record a conversation when the child has reasonable grounds to believe it will capture a statement about an unlawful sexual act or violence against the child.

Controlled call admissions are often weaker than they sound. The suspect is usually talking to someone he loves or wants to calm down, and a line like “I’m sorry you feel that way” can be played to a jury as a confession. Our attorneys at The Brancato Law Firm request the full recording, every attempt to reach the suspect, and any notes on what the caller was told to say. Because a controlled call usually happens before an arrest, it is often the first sign that someone is under investigation, and that is the point where representation before charges are filed can do the most good.

Why is a confession more dangerous in a Florida sex abuse case?

A confession is more dangerous in a Florida sex abuse case because section 92.565 lets the State use it even when the State cannot independently prove that a crime happened. Florida courts ordinarily require some proof of the crime apart from the defendant’s own words, a rule called corpus delicti, which exists in part to guard against false confessions.

Section 92.565, Florida Statutes, creates an exception for sexual abuse charges, including sexual battery and lewd or lascivious offenses. A judge must hold a hearing outside the jury’s presence. The confession must be memorialized, the court must find the State is unable to show each element of the crime, and the State must prove by a preponderance of the evidence that corroborating evidence tends to show the statement is trustworthy. Hearsay is allowed at that hearing, and the judge must make specific findings on the record. Factors include whether the alleged victim was under 12 or physically or mentally incapacitated.

Our attorneys treat the section 92.565 hearing as a second suppression hearing. It is a separate chance to show the judge that the “corroboration” came from the detective’s own questions. Our post on Florida’s confession without corpus exception in sex crimes cases walks through that hearing in detail.

How do our attorneys challenge a false confession?

Our attorneys challenge a false confession with a six-step process that starts with the recording and ends, if necessary, in front of the jury.

1. Collect every recording and time-stamp it. We obtain the full audio and video, the officers’ reports, and any notes, and we log when questioning started, every break, and when warnings were given. Florida has no statute that requires police to record an entire interrogation, while about 30 states now require video recording for some or all crimes, according to the 2025 Kassin review. An unrecorded stretch of questioning is a gap the State has to explain.
2. Trace every fact to its source. We mark each detail in the confession and find who said it first. In one of our cases, a client faced serious sex crime charges after a marathon interrogation, and the review showed that every specific detail in his “confession” came from the detective’s leading questions. The statement held nothing that only the true perpetrator would know.
3. Test the Miranda warnings and the waiver. Miranda v. Arizona, 384 U.S. 436 (1966), requires warnings before custodial interrogation. I taught Miranda requirements at the police academy, so I read a waiver form the way the officer was trained to present it, and I know where the shortcuts usually happen.
4. Bring in a forensic psychologist. An expert can test for suggestibility, intellectual limits, and mental illness, and can explain interrogation pressure to the judge. A jury hears that testimony only if the judge finds it meets Florida’s expert standard in section 90.702 of the Florida Statutes. Our post on why expert witnesses matter in major criminal cases explains how we choose them.
5. File the motion to suppress. We file and argue these motions in the Hillsborough County Courthouse and other Tampa Bay courts, and our guide to motions to suppress evidence in Tampa covers the procedure. For cases in Hillsborough County, a strong motion can also shift plea negotiations before the hearing is ever held.
6. Try the confession if it comes in. If the judge denies the motion, we put the interrogation itself in front of the jury, as the next section explains.

Are teenagers and people with mental illness more likely to falsely confess?

Yes. Teenagers and people with mental illness or intellectual limits are more vulnerable to false confession because they are more suggestible and more eager to end the questioning. The 2025 Kassin review cites a study in which 17% of youthful detainees said they had falsely confessed to police.

Florida courts give juvenile waivers extra scrutiny. In Ramirez v. State, 739 So. 2d 568 (Fla. 1999), detectives questioned a 17-year-old with little justice-system experience, gave Miranda warnings only after he had made significant admissions, and told him the warnings would not change his desire to cooperate. His parents had no chance to see him. The Florida Supreme Court held the waiver invalid, listing factors that include how the warnings were given, the suspect’s age and intelligence, whether parents were contacted, and where the questioning took place.

Our firm used those factors in a case involving a 14-year-old with bipolar disorder who was questioned near midnight by two detectives. A forensic psychologist concluded the confession was not knowingly and voluntarily given, and the felony sex charges were reduced to misdemeanor battery. The full story is in our case study, When a Confession Is Not a Confession.

Does a confession still matter if the judge denies the motion to suppress?

Yes, but the defense can still attack it in front of the jury. In Crane v. Kentucky, 476 U.S. 683 (1986), a 16-year-old said he had been held in a windowless room, surrounded by as many as six officers, and refused permission to call his mother. The trial judge found the confession voluntary and then barred the jury from hearing about those conditions. The U.S. Supreme Court reversed, holding that a defendant may present evidence about the physical and psychological circumstances of a confession because its credibility is for the jury to decide.

Under Crane v. Kentucky, 476 U.S. 683 (1986), losing the suppression motion moves the fight to a new stage. Our attorneys at The Brancato Law Firm play the key portions of the recording for the jury, cross-examine the detective on every leading question, and show where the confession contradicts the physical evidence.

What should you do if a Tampa detective wants to talk about a sex crime allegation?

Tell the detective you will not answer questions without a lawyer, say it in plain words, and call a defense attorney before any interview or callback. Sawyer’s first request for a lawyer was unclear, and the case shows how much turns on the exact words a suspect uses.

1. Do not discuss the allegation by phone, text, or social media with the accuser or the accuser’s family. The call may be a controlled call.
2. Say it clearly: “I want a lawyer, and I do not want to answer questions.”
3. Do not agree to “just come in and give your side.”
4. Write down every contact: the date, the time, who called, and what was said.
5. Call a lawyer, who can contact the detective for you.

Our article on what to do after being arrested in Tampa covers the next steps if an arrest has already happened. The Brancato Law Firm can step in at either stage.

What results has our firm obtained in confession cases?

Our firm has defeated confessions in sex crime cases by showing how police obtained them.

Past results do not guarantee future outcomes. More outcomes are listed on our case results page.

Frequently asked questions about false confessions in Florida sex crime cases

Can police lie to you during an interrogation in Florida?

Yes, Florida police may lie about the evidence during questioning, and that lie alone usually does not make a confession inadmissible, though fabricated documents cross the line under State v. Cayward, 552 So. 2d 971 (Fla. 2d DCA 1989). The Brancato Law Firm reviews every recording for the moment a bluff turned into a fake report, a threat, or a promise of leniency.

Is it legal for police to record a controlled phone call in Florida?

Yes, section 934.03(2)(c) of the Florida Statutes, allows police, or a person acting at their direction, to record a call when one party consents and the purpose is to gather evidence of a crime. Our attorneys at The Brancato Law Firm demand the full recording, every attempt to reach the suspect, and the detective’s notes on what the caller was told to say.

Can a confession be thrown out if police never read me my Miranda rights?

It can, if you were in custody and being questioned when you made the statement. The Brancato Law Firm files motions to suppress unwarned statements, and our guide to suppressing confessions and other evidence in Tampa explains the process. A suppressed statement can still be used to impeach you if you testify differently at trial.

Can sex crime charges be dropped if the only real evidence is a confession?

Yes, particularly when the confession is suppressed or the judge finds it untrustworthy at a section 92.565 hearing and the State has little else. The Brancato Law Firm has had sex crime charges dismissed after showing that a client’s confession was built from details a detective supplied, and our sex crime defense attorneys in Tampa look for that pattern in every file.

What should I do if a detective asks me to come in and give my side of the story?

Decline the interview politely and ask the detective to contact your lawyer. The Brancato Law Firm can speak with the detective for you and, where it helps, provide evidence and context to detectives and prosecutors before a charging decision through pre-file advocacy.

Can a forensic psychologist help prove my confession was coerced?

Yes, a forensic psychologist can evaluate your vulnerabilities and the interrogation methods used, and that opinion can support a motion to suppress, though whether the expert also testifies before a jury depends on the judge’s ruling under section 90.702. In a case The Brancato Law Firm handled, a psychologist’s evaluation of a 14-year-old’s interrogation helped reduce felony sex charges to misdemeanor battery, as our coerced confession case study describes.

Does Florida require police to record interrogations?

No Florida statute requires police to record an entire custodial interrogation, although about 30 states now require video recording for some or all crimes. Our attorneys at The Brancato Law Firm treat any unrecorded stretch of questioning as a gap the State must explain at the suppression hearing.

For how this fits into the rest of a case, see our guide to each stage of a Florida criminal case.

Where do you start if you already gave a statement?

Before you return a detective’s call, answer another message from the person accusing you, or agree to “one more conversation,” call The Brancato Law Firm, P.A. at (813) 727-7159. The firm was founded by Tampa Criminal Defense Attorney Rocky Brancato, and our attorneys will start by finding out what police already have, including any controlled call, so you do not walk into another interview blind. Recordings and call records are easiest to request and preserve early, so call us at any hour.

For more about our defense strategies, visit our Sex Crimes Defense page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

How a Forensic Psychologist Exposed a Coerced Confession from a Mentally Ill Child

A confession is supposed to be the most powerful evidence the state can present. When a defendant admits to the crime, most jurors assume the case is closed.

But not all confessions are what they appear to be. Some are coerced. Some are fed to vulnerable suspects by detectives who already believe they have the right person. And some come from children who are mentally ill, isolated, and desperate to make the interrogation stop.

In this case, a forensic psychologist examined the interrogation of a fourteen-year-old boy charged with a sex crime he almost certainly did not commit. What the expert found led to the suppression of the confession—and exposed how easily police can manufacture guilt from a vulnerable child. He exposed a coerced confession in Tampa. I am Tampa Criminal Defense Attorney Rocky Brancato. This post is part of our forensic series put out by the Brancato Law Firm, P.A., your Tampa criminal forensic evidence law firm.

The Case: A Child No One Wanted

My client was a fourteen-year-old boy who had spent his entire life being passed from one caregiver to another. Removed from his biological mother at age two due to abuse of a sibling, he spent years in foster care before being adopted at age six.

But the adoption was never what it should have been. The adoptive mother never bonded with him. She viewed him as a problem to be managed, not a child to be loved. Over the years, she enrolled him in one residential treatment program after another—not because he needed it, but because she did not want him in her home.

Months before the incident, she had hired an attorney to terminate her parental rights. The court denied her request. She told the residential facility that she would rather be arrested for abandonment than take him back into her home. During family therapy sessions, she would read the newspaper when it was his turn to speak.

This was not a mother. This was someone looking for an exit—and she found one.

The Allegation: A Theory Built on Speculation

The boy was home for a weekend visit when the adoptive mother left him alone with an elderly relative who required twenty-four-hour care due to mental incapacity. When the mother returned, she noticed a swelling on the relative’s face.

She took the relative to a walk-in clinic. The doctor examined her, diagnosed an insect bite, and treated her with Benadryl and antibiotics. The doctor found no evidence of intentional trauma.

Later that evening, the mother noticed a small amount of blood on the relative’s diaper. The caregiver noted that the relative had a history of straining during bowel movements, which had caused bleeding in the past.

But the mother had a different theory. On the drive home from church that night, she decided that the boy must have sexually assaulted the relative. She called 911 and reported her speculation as fact.

The Interrogation: A Textbook Case of Coercion

Police arrived at the home, handcuffed the boy, stripped him of his clothing, and transported him to the police station. They placed him in a locked holding cell. Then, close to midnight, two adult detectives brought the fourteen-year-old into a small interrogation room.

What happened next was a textbook case of coercive interrogation:

The child initially denied any wrongdoing. He denied it again and again. But after hours of this treatment—late at night, alone, facing two armed adults who told him they already had proof—he began to agree with whatever the detectives suggested.

That was the “confession.”

The Forensic Psychologist’s Evaluation

I retained a forensic psychologist to evaluate my client and review the videotaped interrogation. The expert conducted multiple clinical interviews and administered standardized psychological testing.

The findings were significant:

• The child had serious mental illness—specifically, Bipolar Disorder with a manic episode at the time of interrogation
• Psychological testing showed markedly elevated scores on mania scales
• Cognitive testing revealed significant impairment in executive functioning
• The child had been in emotionally handicapped classes since kindergarten
• He had no prior criminal record and had never dealt with police or Miranda rights before

The Pattern of a Coerced Confession

The forensic psychologist identified a classic pattern in the interrogation that demonstrated “interrogative suggestibility”—vulnerability to outside influences, pressures, and misinformation:

• Stage 1: The child denies responsibility repeatedly
• Stage 2: When pressed with specific allegations, the child says he “doesn’t remember”
• Stage 3: After prolonged pressure, the child begins agreeing to accusations fed by the detectives

This pattern—denial, then uncertainty, then agreement—is a hallmark of false confessions. The child was not remembering what happened. He was capitulating to what the detectives told him must have happened.

The Legal Standard for Juvenile Confessions

Florida courts apply heightened scrutiny to confessions obtained from juveniles. The state bears a “heavy burden” to demonstrate that a juvenile defendant knowingly and intelligently waived their constitutional rights.

Factors courts consider include:

• How Miranda rights were administered—including any cajoling or trickery
• The suspect’s age, experience, background, and intelligence
• Whether the juvenile was given an opportunity to consult with a parent or guardian
• Where the interrogation took place
• Whether police used threats, promises, or statements calculated to mislead the suspect

In this case, every factor weighed against the state. The child was mentally ill, had never dealt with police before, was interrogated late at night without a supportive adult, and was subjected to deception, false evidence claims, and psychological pressure.

The Critical Flaw: No Guardian to Protect Him

There was one more problem. The adoptive mother—the person who had called police with her speculation, who wanted to terminate her parental rights, who would rather be arrested for abandonment than take the child home—was the only adult consulted about the interrogation.

Her interests were entirely adverse to the child’s. She was not his advocate. She was his accuser.

Under these circumstances, the child should have had a guardian appointed before any questioning. Instead, he faced two armed detectives alone, with no one in his corner.

What This Case Teaches About Challenging Confessions

• A confession is not the end of the case. Even when a defendant has confessed, the voluntariness of that confession can be challenged—especially when the defendant is a juvenile or has mental health issues.
• Forensic psychologists can expose coercion. An expert who reviews the interrogation recording and evaluates the defendant can identify coercive techniques and explain to the court why the confession should not be trusted.
• Juveniles are especially vulnerable. Courts recognize that children are more susceptible to pressure, more likely to comply with authority figures, and less able to understand their rights—which is why juvenile confessions receive heightened scrutiny.
• Mental illness compounds vulnerability. A defendant with serious mental illness may be even less able to resist interrogation pressure or make a knowing, voluntary decision to confess.
• Look for who benefits from the accusation. In this case, the adoptive mother had been trying to get rid of the child for months. Her “theory” gave her exactly what she wanted—and police never questioned her motive.

Frequently Asked Questions

Can a confession be thrown out of court?

Yes. If a confession was not given voluntarily—meaning it was the product of coercion, deception, or exploitation of the defendant’s vulnerabilities—it can be suppressed. The defense must file a motion to suppress and prove that the confession was involuntary under the totality of the circumstances.

What makes a confession involuntary?

Courts consider factors including: whether police made false promises or threats, whether they lied about evidence, whether they exploited the defendant’s mental illness or youth, whether the defendant was deprived of food, water, or sleep, and whether the defendant had access to a supportive adult or attorney.

What is a forensic psychologist?

A forensic psychologist applies psychological expertise to legal questions. They can evaluate defendants, review interrogation recordings, conduct psychological testing, and testify about factors that may have affected the voluntariness of a confession or the defendant’s mental state.

Are juvenile confessions treated differently?

Yes. Florida courts apply heightened scrutiny to juvenile confessions. The state bears a “heavy burden” to prove that a juvenile knowingly and intelligently waived their rights. Factors like age, mental capacity, and experience with the legal system all weigh heavily in the analysis.

Can police lie during interrogations?

Police are generally permitted to use deception during interrogations—but when combined with other coercive factors, lies about evidence can contribute to a finding that a confession was involuntary. This is especially true with juveniles and mentally ill defendants who may be more susceptible to believing false claims.

What if my child confessed but didn’t do it?

False confessions happen more often than people realize—especially with juveniles and individuals with mental illness. A forensic psychologist can evaluate the circumstances of the confession and provide expert testimony on whether it was truly voluntary or the product of coercion.

Was a Confession Coerced?

A confession is only as reliable as the circumstances under which it was obtained. When police use coercion, deception, or psychological pressure—especially against juveniles or individuals with mental illness—the result is not a confession. It is manufactured evidence.

For over 25 years, I have defended clients against serious charges in Tampa Bay. I know how to challenge confessions, work with forensic psychologists, and expose coercive interrogation techniques that violate my clients’ constitutional rights.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

Part of the Forensic Evidence Series

Related Case Studies: DNA Evidence Defense | Aggravated Child Abuse Defense | Forensic Pathologist | Fingerprint Evidence is Not as Reliable as You Think | Cell Phone Location Data Can prove You Were Not There | When Brain Damage Explains Criminal Conduct | Your BAC at the Station is Not Your BAC Behind the Wheel | When Police Destroy Evidence They Do Not Get the Benefit of the Doubt | When the Car–Not the Driver–Caused the Crash | The Injuries Were Real–But They Were Not From the Alleged Rape | Similar Is not The Same: How a Firearms Expert Kept Out Prejudicial Evidence

For how The Brancato Law Firm, P.A. defends these cases, see our forensic science defense practice.

Related Pages

Tampa Murder Attorney

Tampa Sex Crimes Attorney

Why Expert Witnesses are Not Optional in Major Crimes Cases

Three Requests for a Lawyer—Police Kept Questioning Anyway

Snowden v. State, No. 1D2023-1998 (Fla. 1st DCA July 2, 2025)

A Florida appeals court recently overturned a murder conviction because police ignored the suspect’s Miranda rights when he made clear requests for a lawyer. The First District Court of Appeal’s decision in Snowden v. State highlights a core constitutional protection—your right to legal counsel. If police violated your Miranda rights, Tampa Attorney Rocky Brancato of the Brancato Law Firm, P.A. can help.

Three Requests for a Lawyer—Police Kept Talking

What Happened in the Interview Room

Daquavion Snowden was charged with first-degree murder following a fatal shooting in Escambia County. Immediately after his arrest, law enforcement officers placed him in an interview room. At the time, he was shirtless, restrained in chains, and clearly under the influence of narcotics. Furthermore, the officers exited the room after telling him they would return shortly.

While waiting for their return, Snowden became physically ill and vomited. Staff moved him so they could clean the facility. It was during this transition that he asked his first clear question regarding legal counsel. However, the police did not stop to clarify his request or provide an attorney. Instead, they chose to resume the interrogation an hour later.

During the subsequent questioning, the officers continued to press him for information. In addition to the relentless questioning, they offered vague promises of leniency. Specifically, they suggested he could “minimize his involvement” if he continued to speak. Consequently, Snowden remained cold and confused without any legal protection.

The Miranda Rule: What Police Must Do

What the Court Ruled

The First DCA ruled that Snowden’s statements should have been suppressed. The judges found that all three requests were clear and unequivocal—meaning officers should have immediately stopped questioning.

Even worse, the court found that Snowden’s later decision to continue talking was likely the result of police pressure. Officers made repeated comments about “helping himself,” mentioned “mitigating factors,” and left him isolated for hours. This created a coercive environment.

The court reversed the murder conviction because police violated Miranda.

Frequently Asked Questions

What happens if police keep questioning me after I ask for a lawyer?

Any statements you make after invoking your right to counsel may be suppressed—meaning they cannot be used against you at trial. In Snowden, this suppression led to the entire murder conviction being reversed.

How clearly do I need to ask for a lawyer?

Your request must be clear and unequivocal. Phrases like “I need a lawyer” or “I want to talk to my attorney” are sufficient. The court in Snowden found that even “Is there any way I can talk to my lawyer?” was clear enough to invoke the right.

Can police pressure me to keep talking?

No. Once you ask for a lawyer, police cannot try to persuade you to waive that right. Tactics like promising help, mentioning “mitigating factors,” or suggesting you can “minimize involvement” may constitute coercion—and any resulting statements may be suppressed.

Does this apply to all criminal cases in Florida?

Yes. Miranda rights apply to all criminal interrogations in Florida—from misdemeanors to murder. If police violate these rights, the remedy is suppression of the illegally obtained statements.

Why This Matters for Tampa Bay Defendants

If police ignore your request for a lawyer, your statements may be thrown out. The court’s ruling in Snowden sends a clear message: law enforcement must respect your rights.

At The Brancato Law Firm, we review every interaction between police and my clients. If you were interrogated after asking for a lawyer, we may be able to suppress key evidence in your case. These details often make the difference between conviction and acquittal.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa homicide defense practice.

Were Your Miranda Rights Violated?

If you were questioned without a lawyer after clearly asking for one, the evidence may be inadmissible. You have the right to remain silent and the right to legal protection.

I’m Tampa Attorney Rocky Brancato. For over 25 years, I have defended clients throughout Tampa Bay in serious felony cases. I understand how to identify Miranda violations and how to use them to protect my clients’ rights.

Don’t let police pressure cost you your future.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Polk Counties