Homestead Criminal Lawyer, Florida

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Russell Alan Spatz Lawyer
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Russell Alan Spatz

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Russell Alan Spatz is a Top Attorney Award winner at Attorney.com. Only 5% have the elite qualifications. Click the badge for more info.
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Criminal, Domestic Violence & Neglect, DUI-DWI, Family Law
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When Russell Spatz left the Office of the Dade County State Attorney, then State Attorney, Janet Reno wrote to her former Division Chief: "You have... (more)

Roberta Goodman Mandel Lawyer

Roberta Goodman Mandel

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Criminal, Divorce & Family Law, Lawsuit & Dispute

During her 33 years of practice, Roberta Mandel has argued more than 1,000 appeals in every Florida appellate court, the Florida Supreme Court, the El... (more)

Tyson Jed Kutner Lawyer

Tyson Jed Kutner

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Ayuban Antonio Tomas Lawyer

Ayuban Antonio Tomas

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A. Antonio Tomas is a Board Certified Tax Lawyer, Board Certified Criminal Trial Lawyer and a Certified Public Accountant. Mr. Tomas's practice foc... (more)

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Hernan Hernandez

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"I want you to feel comfortable with me as your advocate in the courtroom." More than twenty-one years of handling a myriad of legal issues in both... (more)

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EVAN E ACLE Lawyer

EVAN E ACLE

Criminal, Traffic, Domestic Violence & Neglect
Former Prosecutor located in Miami-Dade County.

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Richard L. Cooper Lawyer

Richard L. Cooper

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Recently named as one of the National Trial Lawyers Top 40 Under 40, Richard L. Cooper is a criminal defense attorney handling all types of State and ... (more)

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Joseph S. Rosenbaum Lawyer

Joseph S. Rosenbaum

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Criminal, Juvenile Law

Joseph S. Rosenbaum was named the “Most Effective Lawyer in Criminal Law” by the Daily Business Review. When you hire the Law Offices of Rosenbaum... (more)

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Adam Keith Goodman Lawyer
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Adam Keith Goodman

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Criminal, Felony, Misdemeanor, Traffic, Federal Trial Practice
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Mr. Goodman began his legal career litigating on behalf of those accused of crimes by first interning for the Federal Public Defender's Office for the... (more)

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John J. Torikashvili Lawyer

John J. Torikashvili

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John J. Torikashvili is a practicing lawyer in the state of Florida.

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LEGAL TERMS

CRIMINAL LAW

Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not p... (more...)
Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn't intend.

ARREST WARRANT

A document issued by a judge or magistrate that authorizes the police to arrest someone. Warrants are issued when law enforcement personnel present evidence to ... (more...)
A document issued by a judge or magistrate that authorizes the police to arrest someone. Warrants are issued when law enforcement personnel present evidence to the judge or magistrate that convinces her that it is reasonably likely that a crime has taken place and that the person to be named in the warrant is criminally responsible for that crime.

MISTRIAL

A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on ... (more...)
A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on a verdict (a hung jury) If a judge declares a mistrial in a civil case, he or she will direct that the case be set for a new trial at a future date. Mistrials in criminal cases can result in a retrial, a plea bargain or a dismissal of the charges.

SPECIFIC INTENT

An intent to produce the precise consequences of the crime, including the intent to do the physical act that causes the consequences. For example, the crime of ... (more...)
An intent to produce the precise consequences of the crime, including the intent to do the physical act that causes the consequences. For example, the crime of larceny is the taking of the personal property of another with the intent to permanently deprive the other person of the property. A person is not guilty of larceny just because he took someone else's property; it must be proven that he took it with the purpose of keeping it permanently.

HUNG JURY

A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations ... (more...)
A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations with an assurance (sometimes known as a 'dynamite charge') that they will be able to reach a decision if they try harder. If a mistrial is declared, the case is tried again unless the parties settle the case (in a civil case) or the prosecution dismisses the charges or offers a plea bargain (in a criminal case).

MISDEMEANOR

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk d... (more...)
A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk driving and leaving the scene of an accident are all common misdemeanors.

FALSE IMPRISONMENT

Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent ... (more...)
Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent authority are sufficient. False imprisonment is a misdemeanor and a tort (a civil wrong). If the perpetrator confines the victim for a substantial period of time (or moves him a significant distance) in order to commit a felony, the false imprisonment may become a kidnapping. People who are arrested and get the charges dropped, or are later acquitted, often think that they can sue the arresting officer for false imprisonment (also known as false arrest). These lawsuits rarely succeed: As long as the officer had probable cause to arrest the person, the officer will not be liable for a false arrest, even if it turns out later that the information the officer relied upon was incorrect.

PROSECUTE

When a local District Attorney, state Attorney General or federal United States Attorney brings a criminal case against a defendant.

DECLARATION UNDER PENALTY OF PERJURY

A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false --... (more...)
A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false -- that is, the lie is relevant and significant to the case.

SAMPLE LEGAL CASES

Valdes v. State

... convictions for discharging a firearm from a vehicle within 1000 feet of a person in violation of section 790.15(2), Florida Statutes (2003), and shooting into an occupied vehicle in violation of section 790.19, Florida Statutes (2003), arising from the same criminal episode, violate ...

State v. Meshell

... 1) and for oral sex (Count 3) violated double jeopardy. Because these are distinct criminal acts, we agree with the State that there is no double jeopardy violation. Although the Fifth District reversed the trial court's judgment, holding ...

Jackson v. State

... CANTERO, J. In this case, we decide whether a trial court's consideration, for sentencing purposes, of victim impact testimony without defense counsel present is a sentencing error as contemplated by rule 3.800(b), Florida Rules of Criminal Procedure. ...