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)

Ayuban Antonio Tomas Lawyer

Ayuban Antonio Tomas

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Tax, Criminal, Tax Litigation, Felony, White Collar Crime

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 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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Tyson Jed Kutner Lawyer

Tyson Jed Kutner

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Accident & Injury, Criminal

Andres Felipe Vidales Lawyer

Andres Felipe Vidales

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Andres F. Vidales is an attorney at law that focuses his practice on commercial and general litigation. His practice is also emphasized in the areas o... (more)

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Nichelle L. Womble Lawyer

Nichelle L. Womble

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Nichelle L. Womble Esq., currently a licensed attorney in the state of Florida, graduated Summa Cum Laude from Nova Southeastern University Shepard Br... (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
Adam Keith Goodman
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Adam Keith Goodman

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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

BEYOND A REASONABLE DOUBT

The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced '... (more...)
The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced 'to a moral certainty.' The jury must be convinced that the defendant committed each element of the crime before returning a guilty verdict.

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.

INADMISSIBLE EVIDENCE

Testimony or other evidence that fails to meet state or federal court rules governing the types of evidence that can be presented to a judge or jury. The main r... (more...)
Testimony or other evidence that fails to meet state or federal court rules governing the types of evidence that can be presented to a judge or jury. The main reason why evidence is ruled inadmissible is because it falls into a category deemed so unreliable that a court should not consider it as part of a deciding a case --for example, hearsay evidence, or an expert's opinion that is not based on facts generally accepted in the field. Evidence will also be declared inadmissible if it suffers from some other defect--for example, as compared to its value, it will take too long to present or risks enflaming the jury, as might be the case with graphic pictures of a homicide victim. In addition, in criminal cases, evidence that is gathered using illegal methods is commonly ruled inadmissible. Because the rules of evidence are so complicated (and because contesting lawyers waste so much time arguing over them) there is a strong trend towards using mediation or arbitration to resolve civil disputes. In mediation and arbitration, virtually all evidence can be considered. See evidence, admissible evidence.

FELONY

A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases... (more...)
A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases, by death. For example, murder, extortion and kidnapping are felonies; a minor fist fight is usually charged as a misdemeanor, and a speeding ticket is generally an infraction.

BAIL

The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all requi... (more...)
The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all required court appearances. The amount of bail is determined by the local bail schedule, which is based on the seriousness of the offense. The judge can increase the bail if the prosecutor convinces him that the defendant is likely to flee (for example, if he has failed to show up in court in the past), or he can decrease it if the defense attorney shows that the defendant is unlikely to run (for example, he has strong ties to the community by way of a steady job and a family).

PLEA BARGAIN

A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crim... (more...)
A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crime (or fewer charges) than originally charged, in exchange for a guaranteed sentence that is shorter than what the defendant could face if convicted at trial. The prosecution gets the certainty of a conviction and a known sentence; the defendant avoids the risk of a higher sentence; and the judge gets to move on to other cases.

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.

INFRACTION

A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, ho... (more...)
A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, however--refusing to identify oneself when involved in an accident is a misdemeanor in some states.

BAIL BOND

The money posted by a 'bondsman' for a defendant who cannot afford his bail. The defendant pays a certain portion, usually 10%. If the defendant fails to appear... (more...)
The money posted by a 'bondsman' for a defendant who cannot afford his bail. The defendant pays a certain portion, usually 10%. If the defendant fails to appear for a court hearing, the judge can issue a warrant for his arrest and threaten to 'forfeit,' or keep, the money if the defendant doesn't appear soon. Usually, the bondsman will look for the defendant and bring him back, forcefully if necessary, in order to avoid losing the bail money.

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. ...