Florida Criminal Trial Consulting

Families often come to us when a loved one is weeks away from trial on a serious charge and they want a second set of experienced eyes on the case. Defense attorneys call when a case needs trial experience, a forensic challenge, or another lawyer in the courtroom. Our attorneys at this Tampa criminal defense firm work alongside the existing lawyer, not in place of the lawyer, unless the client chooses otherwise.

How Often Do Criminal Cases Go to Trial in Florida?

Rarely. A study published in Judicature found that jury trials accounted for less than 2 percent of criminal dispositions in Florida, as in California, Pennsylvania, and Texas (Smith and MacQueen, 2017). Nationally, the National Association of Criminal Defense Lawyers reported that fewer than 3 percent of federal cases go to trial (NACDL, The Trial Penalty, 2018). When trials are this rare, real trial experience is uncommon, and prosecutors know which defense lawyers are prepared to try a case. A credible trial threat is often what produces a better offer.

What Does a Trial Consultant or Co-Counsel Do?

• Case theory. We build one clear explanation of the evidence that fits the facts, the law, and the jury instructions.
• Depositions. Florida is one of the few states that allows discovery depositions in criminal cases under Florida Rule of Criminal Procedure 3.220(h). We help plan and take depositions that lock in each witness before trial.
• Motions. We draft and argue motions to suppress, motions in limine, Daubert motions, and challenges to collateral-crime (“Williams rule”) evidence under § 90.404(2), which requires the State to give notice at least 10 days before trial.
• Discovery violations. When the State fails to disclose evidence, the court must hold a hearing under Richardson v. State, 246 So. 2d 771 (Fla. 1971), and the error is harmless only if the defense was not procedurally prejudiced, as the Florida Supreme Court held in State v. Schopp, 653 So. 2d 1016 (Fla. 1995).
• Expert coordination. We identify, retain, and prepare defense experts and plan the cross-examination of the State’s experts.
• Jury selection. Under § 913.08, each side has 10 peremptory challenges in cases punishable by death or life, 6 in other felonies, and 3 in other cases. Objections to race-based strikes follow the three-step procedure in Melbourne v. State, 679 So. 2d 759 (Fla. 1996).
• Preserving the record. An issue is preserved for appeal only if it was timely raised, ruled on, and stated with enough detail, under § 924.051. Motions for judgment of acquittal under Rule 3.380 must state the grounds and can be renewed within 10 days after the verdict.

What Are the Rules for Florida Criminal Juries?

• Jury size. Under § 913.10, capital cases are tried to 12 jurors and all other criminal cases to 6.
• Unanimous verdicts. Under Florida Rule of Criminal Procedure 3.440, a verdict requires every juror to agree.
• Death recommendations. Since chapter 2023-23, effective April 20, 2023, a death sentence can be recommended by at least 8 of 12 jurors under § 921.141, rather than a unanimous jury.
• Speedy trial. Amendments to Rule 3.191 effective July 1, 2025, start the speedy trial clock when the person is formally charged rather than at arrest. A felony must be tried within 175 days, a misdemeanor within 90 days, and after a notice of expiration the court must order trial within 30 days.

What Is Required to Defend a Capital Case in Florida?

Florida Rule of Criminal Procedure 3.112 sets minimum qualifications for lead counsel and co-counsel in capital cases, including years of criminal trial experience, a number of completed serious felony jury trials including murder trials, and continuing education in capital defense. A recent amendment defines a capital trial as any trial in which the defendant is charged with a crime punishable by death, unless the State waives the death penalty on the record. Rocky Brancato meets the Rule 3.112 qualifications. Our article on death penalty qualified defense lawyers in Tampa Bay explains what the rule requires.

Should You Get a Second Opinion Before Accepting or Rejecting a Plea?

Often, yes. The U.S. Supreme Court measures the advice a defendant receives about a plea under the effective assistance standard in Strickland v. Washington, 466 U.S. 668 (1984). In Missouri v. Frye, 566 U.S. 134 (2012), the Court held that counsel must communicate formal plea offers, and in Lafler v. Cooper, 566 U.S. 156 (2012), it held that bad advice leading a defendant to reject a plea can be ineffective assistance. A confidential second opinion can help a client and the client’s lawyer weigh the risks of trial against the offer. See our guide on how to decide whether to accept a plea bargain.

Why Do Attorneys and Families Bring In The Brancato Law Firm?

• Trial experience. Rocky Brancato has tried more than 150 jury trials to verdict, including murder, sexual battery, armed robbery, and drug trafficking cases.
• Major crimes background. Rocky spent years in a Major Crimes unit handling homicides, sex crimes, and child abuse cases.
• Training. As a training director, Rocky designed litigation programs for defense attorneys, prosecutors, and law enforcement officers, and he is a former police academy instructor.
• Leadership. As Chief Operations Officer of the Hillsborough County Public Defender’s Office, Rocky oversaw a staff of over 100 attorneys.

Who tries the case matters. A study of Philadelphia murder cases published in the Yale Law Journal found that differences in defense counsel changed outcomes substantially, including the likelihood of conviction and of a life sentence (Anderson and Heaton, 2012). Read more on why trial experience matters.

Trial Results

These are results our firm has obtained. Every case is different, and past results do not guarantee future outcomes.

• Brought onto a defense team for a human trafficking sting case. An entrapment motion and the firm’s mitigation report reduced the charge to offenses that do not require sex offender registration.
• Co-counsel with another firm at trial. After a conviction for solicitation offenses, treatment and advocacy led to probation below the guidelines and continued contact with the client’s child.
• Not guilty, second-degree murder. A shooting tried to verdict on self-defense.
• Not guilty, cocaine trafficking (200 to 400 grams).
• Not guilty, robbery with a firearm (two counts). A mistaken identity defense built on the firm’s own scene investigation.
• Not guilty, attempted sexual battery. Cross-examination showed the encounter was consensual.

See more on our case results page.

Trial Strategy and Litigation Support FAQs

Talk to The Brancato Law Firm About Your Trial

A trial date is the one deadline that does not move. Our attorneys at The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, can review the case and help prepare it for trial. Call (813) 727-7159 for a confidential consultation. We work on homicide, sex crimes, and violent crime trials across Hillsborough, Pinellas, and Pasco Counties.

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.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.