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Criminal Defense Lawyer Archives

3 Signs You Had Ineffective Counsel

Did you know that if your legal counsel provides ineffective assistance during your case and that is deemed the reason you lost your case, it may be grounds for an appeal and could even be ordered to a retrial by a judge? Cornell Law cites a case from 1984 (Strickland v. Washington) where it was decided that "to prove ineffective assistance, a defendant must show (1) that their trial lawyer's performance fell below an "objective standard of reasonableness" and (2) "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different."

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?

State of Florida Passes Amendment 4 Restoring Voting Rights of Convicted Felons

The midterm elections came and went, and for 1.5 million convicted felons in the state of Florida, there was a big win. Amendment 4 passed on Tuesday with more than 60% of the vote, allowing for the voting rights of convicted felons to automatically be restored.

Crime Has Dropped in South Florida Since the '80s, Despite the News Reports

Recently, the news reported that the U.S. Coast Guard seized 150 pounds of cocaine off of a fishing boat. The boat came into the RMK Merrill-Stevens Shipyard in Miami from Nassau, Bahamas, and the drugs were found during a routine inspection. Authorities in connection with the drug smuggling detained five people.

Florida Fisherman Faces Life in Prison After Cocaine Found at Sea

It's not uncommon for narcotics to be found at sea with drug distribution operations occurring in conjunction with fishermen. Typically, Fishermen are found to be transporting narcotics as "drug mules," however a recent event in Florida was somewhat different.

Florida Supreme Court to Evaluate Constitutionality of Breath Test Arrests

The Florida State Supreme Court is preparing to hear arguments about the state law which allows citizens to be prosecuted if they refuse a breathalyzer. Currently, Florida law allows police officers to arrest suspected drunk drivers if they refuse to take a breath test.

Changes to Electronic Communications Privacy Act Could Let FBI into Your Email

How far can law enforcement dig into your search history? Changes to existing laws may soon permit a deeper dive than is currently allowed.

Supreme Court finds Florida death penalty procedures unconstitutional

Recently, the Supreme Court ruled that Florida's death penalty sentencing procedures are in violation of constitutional rights. The court heard the case of 37-year old Timothy Hurst, who was convicted of murder and sentenced to death in in 1998.

Supreme Court to Address Insider Training

Insider trading will be considered once by the Supreme Court after an overturned conviction is being challenged by government lawyers. The definition of insider trading was previously established prior by the Supreme Court. The upcoming consideration of United States vs. Newman may serve to draw the lines more clearly on what proof is needed to convict someone of insider trading.

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Spatz Law Firm, PL
14707 S Dixie Hwy
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Miami, FL 33176

Phone: 305-442-0200
Fax: 305-253-0979
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