Everyone has heard of the Breathalyzer, the device which determines a driver's blood-alcohol level, but new on the driver's stage we have what is known as the "Textalyzer", a tool invented to keep people from texting and driving. Although the invention is still in its...
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Russell A. Spatz
of The Miami-dade State Attorney
Miami Criminal Law Blog
Man Released After Wrongful Conviction in 43-Year Cold Case
Recent evidence has shed light on a 43-year cold case. In 2012, Jack McCullough was convicted of the 1957 kidnapping and murder of 7-year-old Maria Ridulph in Sycamore, Illinois. McCullough was questioned as a suspect soon after the girl's disappearance. He provided...
Assets Can’t Be Frozen If Not Tied to a Crime, Supreme Court Says
Late last month, the Supreme Court battled it out over the legality of the government freezing money unconnected to a crime. Justice Stephen G. Breyer said the case was a simple one, that the government can confiscate "a robber's loot, a drug seller's cocaine, a...
What You Need to Know About Filing a Motion to Vacate Judgment and Sentence in Florida
Picture this: you've just interviewed for your dream job, and you feel great about it, with the exception of one tiny detail. You've got something on your record. The worst part about it is, the thing that's on your record is an old and minor conviction.Believe it or...
Florida Judge Overturns Practice of Surprise Misdemeanor Convictions
Surprise! You've got a misdemeanor on your record. How could this possibly happen without prior knowledge? Well, in Florida, up until recently, it was in fact possible.Judge Ends Practice of Surprise MisdemeanorsFrederick Lauten, the chief judge of Florida's Ninth...
Is Use of Certain Emojis Enough to Warrant an Arrest?
A twelve-year-old girl in Fairfax, VA is facing charges in juvenile court after posting a series of emojis in an Instagram post that implied a threat to her school. Emojis, the small pictures used to punctuate texts and social media posts, are a hallmark of smartphone...
Are CIU’s the Answer to Overturning Wrongful Convictions?
Since the first Conviction Integrity Unit (CIU) was established in Dallas in 2007, the country has seen a rise in the establishment of these bodies. CIUs are intended to be an independent reviewer of previous cases that may be wrongful convictions.In its 2016 study,...
Should Apple unlock its iPhones? Judges Split on Apple’s Public Responsibility
Should Apple make a way for law enforcement to access their iPhones? That question continues to play out in the courts, and could have a far-reaching effect on technology and privacy laws in the United States.New York says noIn a recent state case, a federal judge in...
Florida Re-sentencing Laws for Juveniles Creates Backlog in Courts
The juvenile justice system in Florida continues to be a hot topic. In December, the Juvenile Justice Bill received a lot of attention and now a ruling from earlier in 2015 is making a stir by creating a backlog of cases in courtrooms throughout the state. In the...
Study Finds Sleep Deprivation Linked to False Confessions
Most people know that sleep deprivation can cause lapses in judgement and cognitive impairment. But false imprisonment? A recent study focused on how sleep deprivation can contribute to innocent people admitting to crimes they haven't committed.Military and police...






