Florida Statute 90.610 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.610

90.610 Conviction of certain crimes as impeachment.—

(1) A party may attack the credibility of any witness, including an accused, by evidence that the witness has been convicted of a crime if the crime was punishable by death or imprisonment in excess of 1 year under the law under which the witness was convicted, or if the crime involved dishonesty or a false statement regardless of the punishment, with the following exceptions:

(a) Evidence of any such conviction is inadmissible in a civil trial if it is so remote in time as to have no bearing on the present character of the witness.

(b) Evidence of juvenile adjudications are inadmissible under this subsection.

(2) The pendency of an appeal or the granting of a pardon relating to such crime does not render evidence of the conviction from which the appeal was taken or for which the pardon was granted inadmissible. Evidence of the pendency of the appeal is admissible.

(3) Nothing in this section affects the admissibility of evidence under s. 90.404 or s. 90.608.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 16, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 489, ch. 95-147.

F.S. 90.610 on Google Scholar

F.S. 90.610 on Casetext

Amendments to 90.610

Arrestable Offenses / Crimes under Fla. Stat. 90.610

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.610.

Annotations, Discussions, Cases:

Cases Citing Statute 90.610

Total Results: 20

PARKS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-15T00:00:00-07:00

Snippet: impeached by juvenile adjudications." Section 90.610(1)(b), Florida Statutes (2014), prohibits using

SOLOMON JASON HARRELL, JR. vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-04-29T00:00:00-07:00

Snippet: convicted of a felony . . . , and how many times. § 90.610, Fla. Stat. (1989)” and that “[i]f the defendant

MARLON TERRANCE MURPHY v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-05-05T00:53:00-07:00

Snippet: § 90.404, Fla. Stat.; § 90.402, Fla. Stat.; § 90.610, Fla. Stat. The lower tribunal excluded …the criminal conviction requirement in section 90.610, Florida Statutes and the Confrontation Clause…molesting her. Pantoja, 59 So. 3d at 1096; see § 90.610(1)(b), Fla. Stat. (“A party may attack the credibility…1095. A plurality of the court determined section 90.610 “does not permit an

Tina Lasonya Brown v. State of Florida & Tina Lasonya Brown v. Mark S. Inch, etc.

Court: Fla. | Date Filed: 2020-08-27T00:53:00-07:00

Snippet: evidence that went unused by trial counsel. See § 90.610(1), Fla. Stat. (2019). However, we need not “delve

JOSE REYNA v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-08-26T00:53:00-07:00

Snippet: from “years earlier” is consistent with section 90.610(1), Florida Statutes (2015), which permits a witness…Fla. 5th DCA 1991) (noting that, although section 90.610(1)(a), “precludes evidence in a civil trial of …on the present character of a witness,” section 90.610(1) does not otherwise prohibit such evidence in…determination has similar considerations to a section 90.610(1) determination, no reason exists here why “a

Terry L. Marshall, III v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-13T00:53:00-07:00

Snippet: admissible unless he testified in his own defense. See § 90.610(1), Fla. Stat. Even then, only the number of the

Rivera v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-21T00:00:00-07:00

Citation: 274 So. 3d 537

Snippet: witness's prior felony convictions under section 90.610, the jury usually hears only the number of such

Rivera v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-21T00:00:00-07:00

Citation: 274 So. 3d 537

Snippet: witness's prior felony convictions under section 90.610, the jury usually hears only the number of such

Mitchell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-10T00:53:00-07:00

Snippet: aggravated assault, we disagree. Section 90.610(1), Florida Statutes (2018), provides: “A party…his arrest for aggravated assault under section 90.610(1). Finally, error, if any, was harmless beyond

Gabriel Brian Nock v. State of Florida

Court: Fla. | Date Filed: 2018-11-01T00:00:00-07:00

Citation: 256 So. 3d 828

Snippet: the defendant's prior convictions. Section 90.610(1), Florida Statutes (2014), provides: "A

WAYNE DWIGHT FARR v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-08T00:00:00-08:00

Citation: 230 So. 3d 30

Snippet: .2d 1184, 1186 (Fla. 4th DCA 2005); see also .§ 90.610, Fla. Stat. (2016). The prosecutor is generally…appellant’s credibility. See Ross, 913 So.2d at 1186; § 90.610, Fla. Stat. Additionally, the issue in this

Derrick Tyrone Smith v. State of Florida

Court: Fla. | Date Filed: 2017-10-05T00:00:00-07:00

Citation: 235 So. 3d 265

Snippet: have been used to impeach Walker under section 90.610(1), Florida Statutes (1989),2 the postconviction… her credibility at Smith’s trial under section 90.610(1), Florida Statutes, or any other provision of… F,3d 1327, 1348 (11th Cir. 2009)). . Section 90.610(1), Florida Statutes, provides that evidence that…for such a crime within the scope of subsection 90.610(1).” (Footnote omitted.)). . Smith also claims

Nicholas Alan Nehring v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-07T00:00:00-07:00

Citation: 225 So. 3d 916, 2017 Fla. App. LEXIS 11396, 2017 WL 3361068

Snippet: bearing on the present character of the witness. § 90.610(l)(a), Fla. Stat. (2016). The same rule applies

Byrd v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-06-14T00:00:00-07:00

Citation: 221 So. 3d 659, 2017 WL 2569782, 2017 Fla. App. LEXIS 8668

Snippet: accordance with the provisions of s. 90.609 or s. 90.610, (4)- Showing a defect of capacity, ability, or

Thomas R. Lamb v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-10T00:00:00-08:00

Citation: 212 So. 3d 1108, 2017 Fla. App. LEXIS 3200

Snippet: adjudication occurred when the victim was a minor, section 90.610(1)(b), Florida Statutes (2009), makes evidence

Poul Wesley Spradling v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-03T00:00:00-08:00

Citation: 211 So. 3d 1144, 2017 WL 836932, 2017 Fla. App. LEXIS 2958

Snippet: felonies was a crime of dishonesty. Section 90.610(1), Florida Statutes (2016), provides: A party… It is well settled that pursuant to section 90.610, Florida Statutes, “when a witness has been convicted

Desmond T. Kenner v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-16T00:00:00-08:00

Citation: 208 So. 3d 271, 2016 Fla. App. LEXIS 18444

Snippet: through evidence of prior felony convictions. § 90.610(1), Fla. Stat. (2016). “When there has been a prior

Gudmestad v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-07T00:00:00-08:00

Citation: 209 So. 3d 602, 2016 Fla. App. LEXIS 17987

Snippet: death or imprisonment in excess of 1 year .... ” § 90.610(1), Fla. Stat. (2013); see also 5 Jack B. Weinstein

Joseph Peter Clarke v. United States

Court: Fla. | Date Filed: 2016-02-11T00:00:00-08:00

Citation: 184 So. 3d 1107, 41 Fla. L. Weekly Supp. 41, 2016 Fla. LEXIS 277

Snippet: 772 So.2d at 1216. In interpreting section 90.610(1), Florida Statutes (1997), the statute at issue…absence of a definition of “conviction” in section 90.610(1), it is appropriate to resort to prior case law…a witness with a prior conviction under section 90.610(1), however, we find no basis to deviate from the

Maximo Gordon v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-02T00:00:00-08:00

Citation: 181 So. 3d 1193, 2015 Fla. App. LEXIS 18027

Snippet: dishonesty or false statement. See § 90.610(1), Fla. Stat. (2009); Brown v. State,