Your Right to Present Witnesses at Trial in Florida

Quick Answer: In Florida criminal trials, you have a constitutional right to present relevant defense witnesses. Judges may exclude testimony that’s irrelevant or unfairly prejudicial, but blocking a key defense witness without a valid evidentiary basis can violate your right to present a defense — and may lead to reversible error on appeal.

If you’re facing criminal charges and going to trial, one of your most important protections is the ability to call your own witnesses. Florida’s Constitution guarantees due process and “compulsory process” for obtaining witnesses. When a court improperly keeps a relevant defense witness off the stand, the remedy can be a new trial.

Where this right comes from

Due process & compulsory process: Florida Constitution, Article I (rights of the accused). See the official Constitution at flsenate.gov.
Evidence basics: Relevant evidence is generally admissible under Florida Evidence Code, Chapter 90 (Florida Statutes – Chapter 90).
Balancing test: Even relevant evidence can be excluded if its probative value is substantially outweighed by unfair prejudice or confusion (§ 90.403).

Pro tip: If exclusion is on the table, ask to make a proffer (on-record preview of your witness’s testimony).
A refused or limited proffer can itself be reversible error. See Florida Bar Journal – “The Perfect Proffer.”

When exclusion becomes reversible error

Florida appellate courts repeatedly remind judges that defendants have a fundamental right to present a complete defense.
When a jury never hears relevant testimony due to an improper ruling, the conviction can be reversed and a new trial ordered.

How judges decide whether a witness can testify

Relevance: Does the testimony make a key fact more or less likely? (§ 90.401)
Balancing: Is its probative value outweighed by unfair prejudice or confusion? (§ 90.403)
Competency & personal knowledge: The witness must know what they’re testifying about (§§ 90.601–90.604).
Compulsory process: Subpoenas and attendance rules (see Chapter 914) ensure witnesses appear.

What to do if your witness is excluded

Request a proffer to preserve the issue for appeal.
State specific legal grounds for admissibility.
Make sure the judge rules on record to protect your appellate rights.

Video: Your Right to Present Witnesses (Explained)

Short explainer: how Florida courts evaluate defense witnesses and how to preserve issues for appeal.

How Fighter Law protects this right at trial

Identify and prepare witnesses early for maximum impact.
Use targeted pretrial motions to limit disputes—see Pretrial Motions.
Proffer strategically to preserve appeal issues.
Challenge improper exclusions to ensure a fair trial.

Charged with a crime in Central Florida? Talk to an experienced trial team now.
Call 407-FIGHTER (407-214-0573) or visit our
Orlando Criminal Defense page.

Florida Trial Rights – Quick FAQs

Can a Florida judge block my defense witness?

Only if the testimony is irrelevant or unduly prejudicial. Arbitrary exclusion of relevant defense testimony can be reversible error.

What if my witness is excluded anyway?

Request a proffer and make sure the court rules on the record. Denying a proffer can itself warrant reversal. See the
Florida Bar Journal.

Does this only apply to felonies?

No—this right extends to all criminal prosecutions. Chapter 914 governs witness attendance and subpoenas for any trial.

Nothing here is legal advice. Every case is unique. Speak with an attorney about your specific facts.