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Miami Criminal Law Blog

What may constitute an ineffective assistance of counsel?

When you are accused of a crime, there are certain rights that you are afforded. The sixth amendment of the U.S. Constitution provides clear criteria for those rights. One of the guaranteed rights is that the accused have the right to the assistance of counsel in a case against them. The U.S. Supreme Court has gone a step further in this requirement and ruled that states must provide a public defender for those criminals who may be indignant and unable to retain their own lawyer.

How Much Do You Know About These Three Types of White-Collar Crimes?

White-collar crimes may not always be as obvious a crime as something like a murder or a robbery. Many times, these are crimes committed by people you would never expect to be involved in criminal activities. White-collar crimes often happen "on paper," and the prosecution needs to prove something as subjective as "intent" in order to prove that a crime was actually committed.

Case Shines Spotlight on Body Cam Footage Laws and Policies in Miami

Police body cam footage seems to be a very popular topic of discussion lately. There has been much controversy over the use of the body cam, who should wear one, what is done with the footage and how long it needs to be saved. Many in the community think that body cams are necessary checks on power by giving police officers a reason to think before they do something that may be interpreted as out-of-line or an abuse of power. While others may think that the cameras add an extra layer of bureaucracy and may prevent police from doing what is necessary to stop a crime. Regardless of what one may think, it appears that we will be seeing more of these cameras worn by police as time goes by. In the state of Florida, we have our own legislation that governs body cams, and in South Florida, we have our own issues with this technology.

Technology as a Witness in Criminal Cases

Technology is all around us. It's no longer a choice if we want to take part in the innovative revolution; new devices are now a part of our everyday lives. Many of these modern technologies make our everyday lives easier, and some of them may also make it easier for law enforcement to solve crimes. With all the latest technology out there recording our every step and command, it's hard to ensure any type of real privacy. The very same technology that makes it easier for us to find out answers to questions and order commodities easily, record our fitness goals, and even stay in contact with our friends may be the very same technology that can help law enforcement solve crimes. Are you aware of the ways that technology can serve as a witness in criminal cases?

Is Bitcoin Virtual Currency Included in Florida Money Laundering Laws?

Money laundering has a long history as being a white-collar crime connected to various types of illegal activities such as the drug or sex trade, and any activities involving cross-border smuggling. In South Florida, we have heard many stories throughout our history of illegal drug money being laundered through legitimate businesses in the area. But what exactly does it mean to launder money? And what are the implications of a crime like money laundering?

4 Types of Punishment You May Face if Convicted of a 3rd DUI in Florida

In previous posts, we laid out the consequences you may face if you are convicted of a first and second DUI. If you are pulled over and facing your third DUI, the stakes are raised significantly, especially if you are convicted of your third within 10 years of any of your prior DUIs. In the state of Florida, a third DUI within 10 years of any prior DUI is considered a third-degree felony. Here are some of the punishments that you may face if you are convicted of a third DUI.

Six Things to Know About Florida's "Stand Your Ground" Law

The controversial Stand Your Ground law in the state of Florida is set to go through some changes as soon as both chambers of the Florida legislature agree on language that would shift the pre-trial burden of proof in these cases. These changes may have a significant effect on the way that the "stand your ground" defense is considered for immunity in a court of law. To understand how the changes will affect the current law, it's important to take a look at the history of the law and how it is proposed to change.

What is Bail and What Does it Mean for Someone Who is Arrested?

When someone is arrested and booked into the police station, there is a possibility that they may be released prior to a trial based on certain criteria. Depending on the severity of a crime, some people may be eligible to post bail and be released, while others will be required to wait behind bars before they have a trial for the crime they are accused of committing. The process of assigning bail and what it means for an accused person differs by individual, and will be outlined below in more detail.

What is Bail and What Does it Mean for Someone Who is Arrested?

When someone is arrested and booked into the police station, there is a possibility that they may be released prior to a trial based on certain criteria. Depending on the severity of a crime, some people may be eligible to post bail and be released, while others will be required to wait behind bars before they have a trial for the crime they are accused of committing. The process of assigning bail and what it means for an accused person differs by individual, and will be outlined below in more detail.

New Proposed Laws in Florida Bring Changes to Help Prevent and Compensate for Wrongful Convictions

A wrongful conviction in a criminal case not only causes a lot of financial and emotional strain on the victim of the wrongful conviction and his/her family, but it can also cost the taxpayers a lot in the wrongful imprisonment of an innocent person. For all these reasons, it's important that the criminal justice system work hard at preventing this type of critical mistake. In the state of Florida, two new proposed laws could make it easier to prevent a wrongful conviction and also provide compensation for a larger group of innocent people who are wrongfully convicted and imprisoned.

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