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Posts tagged "criminal defense attorney"

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 enforcement.

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 when a law enforcement officer makes this particular statement, and are you aware of your rights as a crime suspect under the U.S. Constitution's Bill of Rights?

Florida Supreme Court Overturns Three Death Sentences

There is a growing conflict surrounding the new Florida death penalty law due to some individuals receiving overturned death sentences. Known inmates charged with first-degree murder, who previously were sentenced to death, may now only face life imprisonment. Re-sentencing hearings have already taken place and more are being scheduled to determine whether the death sentence they hold still stands.

Dalia Dippolito's Criminal Defense Attorneys to Argue Police Misconduct

Dalia Dippolito's criminal defense attorneys will continue to argue police misconduct for the forthcoming the third trial for the allegations of trying to hire a hit-man to kill her then-husband, Michael Dippolito in 2009. The tactic used during the second trial was also police misconduct, causing a hung jury. Of six jurors, three were persuaded enough to cause a mistrial.

5 Things to Know For Your First DUI

Drinking and driving is an offense some of us tend to take for granted until we get pulled over. What constitutes a DUI? According to the Florida Department of Highway Safety, it's when it is found that the operator of the vehicle is proven to be impaired beyond the legal limit, via breathalyzer, of a blood alcohol content (BOA) of 0.08 or greater. Knowing what makes you at risk for a DUI is important, to be sure, but what sort of charges are you facing?

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.

Discrimination in Jury Selection Proved in 1987 Case

On Monday, the Supreme Court ruled in favor of Georgia death row inmate Timothy Tyrone Foster. In a 7-1 decision, the High Court ruled that the prosecution in Foster's case had illegally discriminated against potential jurors based on race.

22 Accused of Committing $13.1 Million in Food Stamp Fraud

According the Miami Herald, a recent raid on a poplar flea market has resulted in 22 people being charged in food stamp fraud. If found guilty for taking what amounts to $13.1 million in government issued food assistance, the arrests would be the largest food stamp fraud case in the country to date.

Florida's Death Penalty Conviction Practices Under Scrutiny

Recent state court decisions and amendments to the laws surrounding the constitutionality of death penalty sentencing practices in Florida are being challenged by judges in multiple cases. In the most recent development, a Miami-Dade judge found the death penalty to be unconstitutional based on the fact that it does not require unanimity of the jury. Florida Circuit Judge Milton Hirsch put it this way: "A decedent cannot be more or less dead. An expectant mother cannot be more or less pregnant. And a jury cannot be more or less unanimous. Every verdict in every criminal case in Florida requires the concurrence, not of some, not of most, but of all jurors - every single one of them."

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Spatz Law Firm, PL
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