The ultimate purpose of our criminal justice system is to convict the guilty and clear the innocent. Sometimes, unfortunately more often than not, certain situations arise that can cloud the judgment of those making these decisions and can cause the innocent to be...
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Russell A. Spatz
of The Miami-dade State Attorney
Criminal Defense
4 Common Defenses Used by Criminal Defense Attorneys in Florida
When someone is charged for a crime, there are two things that must be proven in order for the charges to stick. These two factors are proof that a crime was committed and that you are the one who committed the crime. When being represented by a skilled criminal...
What is Excusable Homicide in Florida?
There are several different classifications for murder, each dependent on how the event is carried out. In past blog posts, I’ve covered the different degrees of murder, and have touched on third degree murder, which is where crimes of passion are often found. In the...
Wrongful Arrests Due To Police Report Mistakes
It doesn't happen often, but it happens more than it should - a wrongful arrest due to mistakes made during a police report. When it happened to Florida man, Adam Thornton, it changed his life completely. According to an article in Bradenton, Adam Thornton called 911...
How Forging Documents Can Be More Dangerous Than You Think
Recently politician Melissa Howard was forced to drop out of the race for a seat in the Florida House after it was discovered that she had forged her diploma from Miami University.She got off lightly with 90 days probation and 25 hours of community service to be...
Is Making a Threat on Social a Crime?
In the age of social media, we all should be cautious about what we are posting online. Not only can an inappropriate post get you in trouble with friends, family, or your partner, but certain types of posts on social media may even get you in trouble with law...
Historical Phone Location Data Will Need a Warrant, Says Supreme Court
With technological advances placing everyone's data within easy reach, privacy concerns are undoubtedly high on the list of worries of many individuals. This is especially the case when considering location data for criminal cases. If someone is involved with a crime,...
The Controversy of Facial Recognition Technology in Criminal Cases
A Florida state appellate court will soon decide whether to appeal a guilty conviction of a man who was identified by police using a controversial police surveillance program. The controversial facial recognition program was used by the Jacksonville Sheriff's Office...
Your Miranda Rights and the 5th Amendment
If you've ever watched a Hollywood crime show, you've probably heard the phrase, "You have the right to remain silent" when a suspect is arrested. These seven words usually come shortly after the phrase, "You are under arrest." But do you know exactly what it means...
Supreme Court to Hear Appeal of Death Row Inmate with Dementia
When a death row inmate is executed, there is an expectation and legal requirement that the individual has a rational understanding that he or she is about to be executed and why he or she is facing execution. Most inmates remember their crime, and they are able to...