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Miami Criminal Law Blog

White Collar Crimes In Florida

White collar crime is a nonviolent, money-related type of crime usually committed by business professionals or government officials who are financially motivated to find a way to gain control of assets, typically those that are not theirs to begin with. One notable Florida case involves housing developer, Lloyd Boggio, who was charged in a $34 million dollar fraud case in Miami that impacted low-income families. Rather than to face a jury of his peers, Boggio pled guilty in his case. Boggio and his co-conspirators inappropriately used U.S. tax credits and received monetary benefit from 14 different government housing developments. By taking the plea bargain, Boggio is now serving 54 months in prison rather than the possible lifetime behind bars that he could have faced after a trial.

What Are Criminal Statutes of Limitations?

Most crimes - with the exception of murder and kidnapping - have a limit of time that a prosecutor can file criminal charges against a suspect. These time limits are known as the statute of limitations. The statutes are in place to make sure that evidence being used is preserved properly and justice is happening in a timely manner. 

Can You Sue After A Wrongful Arrest?

Hundreds of arrests happen each day in the United States and many of these are wrongful arrests of defendants who haven't committed the crime they are ultimately charged with and often serve time for. In a country where at any given moment over 2 million people are in prison, even 1% of an error in arrests can result in several thousands of people behind bars for crimes they didn't commit.

There are many ways one can be arrested wrongfully including arrest of the wrong person, an arrest of a person without probable cause to believe a crime has been committed by them, arrest without just cause, an arrest using falsely obtained information, an arrest based on race or gender -- just to name a few. Any kind of wrongful arrest can potentially result in a lawsuit for damages, whether it's to regain lost wages or to compensate for mental distress or public embarrassment.

Domestic Violence and Substance Abuse and alcoholism in Criminal and Family Court

When you are charged with domestic violence, you'll be charged in Criminal Court, but if children are involved, you may also be headed to Family Court in matters of child custody. If you are a parent with a substance abuse problem and have been charged with domestic violence, all hope may not be lost.

In cases of domestic violence where the defendant has a substance abuse problem, Russell Spatz will advocate for the individual. In serious life-altering times, he feels it's important to be more than a lawyer to his clients, but also be a counselor to help them through their problems so that they can emerge from the crisis for the better.

What Happens After You Are Arrested and Not Yet Charged with A Crime in Florida?

After you're arrested for a crime, the next step is the filing of the information or indictment. In most cases in Florida (except Capital) the police will fill out a standard police report (A-Form) that will be passed on to the State Attorney's Office who will review the case and determine what crimes they will formally charge you with.

Consequences of Violating Parole In Florida

If you're convicted of a crime, chances are you will have to serve time in jail, prison, or under house arrest. After enough time is served, usually due to good behavior, there's a chance of being released early and serving the remaining time under parole. Generally, this begins after at least one-third of the original sentence has been served. What happens when you violate parole in Florida?

What is Negligent Homicide?

Life-changing accidents can happen at the blink of an eye. Sometimes these incidents are terrible tragedies that involve the death of a person involuntarily. Accidents like this can occur due to an auto accident, boat accident, or even the unintentional shooting of a firearm. Often labeled as negligent homicide, these types of incidents require a criminal defense attorney's counsel the same as any other murder defense. 

Judges Rule Police Are Protected By Stand Your Ground Law

Having the ability to defend oneself in a moment where you fear for your life is an important factor in feeling safe. The Stand Your Ground law protects those who have to take action to defend themselves in life-threatening cases. Initially, this was a right given to all persons, but not necessarily those on the police force. However, the Florida Supreme Court recently ruled that Florida law enforcement can use the law in some instances. 

How To Avoid A DUI This Holiday Season

It's the time of year where champagne is flowing, celebrations are happening, and holiday parties are frequent. While it's never a good idea to drink and drive, once the holidays roll around the chances of a DUI become greater. Thanks to ride-sharing apps like Uber and Lyft it's become much easier to avoid drunk driving and DUIs all together.

The Degrees of Murder in the State of Florida

In the state of Florida, there are three different degrees of murder. These degrees are dependent on how the crime takes place and determine the outcome of the sentencing. The circumstances around the situation can have a large effect on how the case is handled in court.

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