Homestead Criminal Lawyer, Florida

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Russell Alan Spatz Lawyer
Russell Alan Spatz
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Russell Alan Spatz

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
Over 40 Years Of Experience

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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Accident & Injury, Criminal

Ayuban Antonio Tomas Lawyer

Ayuban Antonio Tomas

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Benjamin James Lucas Lawyer

Benjamin James Lucas

Employment Discrimination, White Collar Crime, Criminal, Personal Injury, Accident & Injury
Hernan  Hernandez Lawyer

Hernan Hernandez

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Criminal, Divorce & Family Law, Dispute Resolution, Administrative Law

"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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Richard L. Cooper Lawyer

Richard L. Cooper

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Criminal, DUI-DWI, Felony, Misdemeanor, Traffic

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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800-756-2781

Evan Everette Acle Lawyer

Evan Everette Acle

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

Greetings, I extend a warm welcome from Miami, Florida, where I am dedicated to providing exceptional legal representation as a criminal defense at... (more)

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305-469-5697

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
Adam Keith Goodman
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Adam Keith Goodman

Adam Keith Goodman 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, Felony, Misdemeanor, Traffic, Federal Trial Practice
Relationships. Respect. Results.

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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LEGAL TERMS

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).

INTENTIONAL TORT

A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, ar... (more...)
A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, are intentional torts (as well as crimes).

BURDEN OF PROOF

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

PROBABLE CAUSE

The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a searc... (more...)
The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a search warrant allowing the police to conduct a search or arrest a suspect. Reliable information must show that it's more likely than not that a crime has occurred and the suspect is involved.

LEGISLATIVE IMMUNITY

A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does n... (more...)
A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does not protect legislators from criminal prosecution, nor does it relieve them from responsibility for actions outside the scope of their office, such as the nefarious activities of former Senator Bob Packwood.

HOMICIDE

The killing of one human being by the act or omission of another. The term applies to all such killings, whether criminal or not. Homicide is considered noncrim... (more...)
The killing of one human being by the act or omission of another. The term applies to all such killings, whether criminal or not. Homicide is considered noncriminal in a number of situations, including deaths as the result of war and putting someone to death by the valid sentence of a court. Killing may also be legally justified or excused, as it is in cases of self-defense or when someone is killed by another person who is attempting to prevent a violent felony. Criminal homicide occurs when a person purposely, knowingly, recklessly or negligently causes the death of another. Murder and manslaughter are both examples of criminal homicide.

OWN RECOGNIZANCE (OR)

A way the defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Sometimes called 'personal recogni... (more...)
A way the defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Sometimes called 'personal recognizance.' Only those with strong ties to the community, such as a steady job, local family and no history of failing to appear in court, are good candidates for 'OR' release. If the charge is very serious, however, OR may not be an option.

ELEMENTS (OF A CRIME)

The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to perm... (more...)
The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to permanently deprive the owner of the property. Each of those four parts is an element that the prosecution must prove beyond a reasonable doubt.

ARRAIGNMENT

A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters... (more...)
A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters often handled at the arraignment are arranging for the appointment of a lawyer to represent the defendant and the setting of bail.

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. ...