A new Supreme court case gives hope for prisoners and individuals convicted of crimes where they have received incorrect information in some instances - In Lee v. United States 582 US ___ (2017) the court held that:When a defendant claims that his counsel's deficient...
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Russell A. Spatz
of The Miami-dade State Attorney
Miami Criminal Law Blog
Florida is Toughest on Charging Juvenile Offenders as Adults
When it comes to charging youth offenders as adults, Florida ranks at the top in the nation. From 2003-2008, Florida transferred juveniles into the adult system two times the amount that the state with the second highest amount of youths charged as adults transferred...
What Happens After You’re Arrested and How I Choose an Attorney
PrefaceBefore we get into what happens after you're arrested, let's briefly talk about before the main event. I often get calls from people who say "I just got a call from Detective _____, who wants me to come down to the station and speak with him to get my side of...
Does the Fifth Amendment Apply to Cell Phone Passcodes?
We've all heard the defense, "I plead the fifth!" But what exactly does the Fifth Amendment in the U.S. Constitution mean for the accused? The statement of "pleading the fifth" simply means that someone accused of a crime has a right to not self-incriminate by saying...
You’re Being Watched: Virtual Policing
With every new technology, whether we wear it, watch it, or use it to make our life more convenient, we may be giving valuable information about ourselves to others. Many fear that we are losing our rights to privacy, while others say that we should trade some privacy...
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...
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...
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...
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...
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...






