Archives October 2024

When someone is accused of a crime, they often feel overwhelmed and intimidated, which can lead them to make common mistakes in criminal cases that may harm their legal process. It is essential to know what to do—and what not to do—if you’re accused of a crime.

1. Talking to the Police Without an Attorney

One of the most common mistakes people make is speaking to the police without a lawyer. It is very common for people to get nervous in these events, you may feel compelled to answer questions in an attempt to “clear things up,” but remember: anything you say can be used against you. Even innocent or offhand comments may be interpreted in ways that work against you. Politely tell the police you won’t be answering questions without your lawyer present.

Tip: If you’re asked to come to the police station for a “friendly chat,” this isn’t as informal as it sounds. Exercise your right to consult a lawyer before any discussion.

2. Not Taking Your Right to Remain Silent Seriously

Many people are tempted to explain their actions or defend themselves in these kinds of stressful situations. However, in Florida and nationwide, you have the constitutional right to remain silent. The less you say, the better. The prosecution can use your statements against you—even things you say out of frustration or confusion. Remaining silent until you have an attorney present will always work to your advantage.

3. Posting on Social Media

Remember everything you post on social media can become evidence. Photos, videos, check-ins, or comments might be interpreted in ways you never intended and could harm your case. It’s safest to avoid social media altogether if you’re facing criminal charges.

Tip: Ask friends and family members to avoid discussing your situation or tagging you in posts. This is especially important if you’ve been charged with crimes that may draw media attention.

4. Destroying or Concealing Evidence

Some people try to remove potential evidence from the scene or conceal certain items to avoid suspicion. However, tampering with or destroying evidence is a serious offense in itself and can result in additional charges. Even if you think something looks incriminating, refrain from interfering with it, and let your attorney review it first.

5. Ignoring Court Orders or Conditions of Release

In Florida, if you’re released on bail, you’ll likely have conditions to follow—like staying away from certain people or places. Ignoring these conditions can lead to your bail being revoked or additional charges, which can complicate your defense. Show the court that you’re taking the matter seriously by fully complying with all release conditions and court orders.

6. Choosing Not to Hire a Lawyer Right Away

Many people feel they can handle things alone or are hesitant about attorney fees. However, delaying hiring a criminal defense lawyer can result in missed opportunities to build a strong case from the beginning. An experienced attorney knows how to navigate the legal system, negotiate with the prosecution, and uncover evidence that could lead to a favorable outcome.

Contact a Criminal Defense Lawyer

Being accused or convicted of a crime can feel like a major setback, but it doesn’t have to define your future. With the right legal representation, you can protect your rights, minimize the impact on your employment prospects, and explore options for clearing your criminal record. Whether you’re dealing with a criminal record in Florida, Miami-Dade County, or Broward County, getting the right help is crucial. 

Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.

Being accused of a crime of domestic violence can be quite difficult to go through, especially when you believe you were acting in self-defense. In Florida, the law recognizes your right to defend yourself if you are in immediate danger, but proving a self-defense in domestic violence claim requires a strategic legal approach.

What Is Considered Self-Defense in Domestic Violence Cases?

Self-defense is when someone uses reasonable force to protect themselves from immediate danger. In Florida, the Stand Your Ground Law allows people to defend themselves in their own homes without having to retreat first. However, not every use of force is automatically justified under this law.

To successfully claim self-defense in a domestic violence case, you need to demonstrate:

• You were facing an immediate threat of violence.

The threat must be immediate and real, not based on a future or hypothetical danger. For example, if your partner raised a fist or reached for a weapon and you defended yourself, you may be able to claim self-defense.

• You used a reasonable amount of force to protect yourself.

The force you used must be proportional to the threat you faced. For example, if you were in danger of being physically harmed, you can use enough force to stop the attack, but using excessive force may complicate your defense.

• You were not the initial aggressor.

Self-defense usually can’t be claimed if you provoked the altercation. However, if you were the initial aggressor but later withdrew from the situation and your partner continued to be violent, you may regain the right to self-defense.

The Challenges of Proving Self-Defense

Although self-defense is a legitimate legal defense, proving it in a domestic violence case can be challenging. These cases often involve conflicting accounts, and law enforcement may assume the person with more visible injuries is the victim. However, the reality is often much more complex.

Here are some common challenges you may face:

• He Said/She Said Dynamic: Domestic violence cases often come down to one person’s word against another, so it’s essential to gather any evidence that supports your side of the story. This could include witness statements, medical reports, or records of past behavior patterns.
• Evidence of Mutual Combat: If both parties were involved in the altercation, it can be harder to claim that you were purely acting in self-defense. However, this doesn’t mean your case is hopeless. It simply means your attorney will need to emphasize the moments when you were under threat and acted out of necessity.
• No-Contact Orders: If a judge issues a no-contact order as part of your pre-trial conditions, it can be challenging to gather evidence or share your side of the story. Your attorney can help you navigate these restrictions while working on a strong defense.

How an Attorney Can Help Your Self-Defense Claim

If you’re facing domestic violence charges but believe you acted in self-defense, it’s crucial to have an experienced criminal defense attorney by your side.

1. Gathering Evidence: I will help you collect and present evidence that supports your claim, whether it’s eyewitness testimony, text messages, medical records, or photos of your injuries.
2. Challenging Prosecution’s Narrative: The prosecution may attempt to paint you as the aggressor. I will work to challenge their version of events, highlighting inconsistencies or gaps in their evidence.
3. Explaining the Law: Florida’s self-defense laws are complex, and each case is unique. I will ensure you understand how the law applies to your situation and guide you through each step of the legal process.
4. Advocating for Your Rights: In domestic violence cases, emotions run high. My role is to remain objective and fight for your rights, ensuring you receive a fair trial and the best possible defense.

Contact a Criminal Defense Attorney Today

Russell A. Spatz of the Spatz Law Firm, PL, in Miami has extensive experience defending those who have been accused of domestic abuse. He has more than 40 years of experience representing clients in complex criminal cases. Having worked as a prosecutor before opening his own practice, he not only knows the laws relevant to your case, but he also knows how the other side thinks. He is well-equipped to protect your rights and best interests through a serious domestic violence case.

Contact Russell at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.

In Maine, disorderly conduct laws effectively make disturbing the peace a criminal offense.

While disorderly conduct is considered one of the least serious offenses under Maine’s Criminal Statutes, it can still result in a permanent criminal record and therefore needs to be taken seriously because of its potential long-term consequences.

Disorderly conduct charges may be filed against an individual for simply trying to enjoy themselves in public, provided that it disrupts other people. A lifelong criminal record is a high price to pay for this.

Read below to find out more about disorderly conduct and failure to disperse, which are often connected offenses.

What is disorderly conduct in Maine?

In Maine, disorderly conduct is defined as “intentionally or recklessly” causing “annoyance to others” in public.

The offense must usually be committed in a public place (though there are exceptions) and be intentional or reckless for disorderly conduct charges to be successfully prosecuted.

Examples of disorderly conduct

The criminal statutes further define the types of behavior that can be prosecuted under Maine’s disorderly conduct laws:

• Making loud and unreasonable noises
• Activating a device, or exposing a substance, that releases noxious and offensive odors, or
• Engaging in fighting (without being licensed or privileged to do so)

Sometimes, disorderly conduct charges are filed against individuals whether or not their behavior occurs in public or private places. Examples include:

• Knowingly accosting, insulting, taunting, or challenging any person with offensive, derisive, or annoying words, or by gestures or other physical conduct.
• Making loud and unreasonable noise that can be heard by another person after having been ordered by a law enforcement officer to cease the noise.
• Knowingly accosting, insulting, taunting, or challenging any person in mourning and in attendance at a funeral, burial, or memorial service with unwanted, obtrusive communications, such as offensive, derisive, or annoying words, gestures, or other physical conduct.

What are the penalties for disorderly conduct in Maine?

Disorderly conduct is prosecuted as a Class E misdemeanor offense in Maine, which is the same classification as offenses such as operating on a suspended license and theft under $1,000.

Class E misdemeanor offenses are punishable by:

• Up to 180 days in jail and
• A maximum fine of $1,000

For a first offense, jail time should generally not be served and, depending on the precise circumstances, a seasoned criminal defense lawyer may be able to prevent a criminal record. It is generally advisable to discuss your situation with a lawyer as soon as you can after your arrest.

Is failure to disperse similar to disorderly conduct in Maine?

Several other misdemeanor crimes are often considered related to disorderly conduct in Maine. Unlawful assembly and failure to disperse are two of these related crimes.

Failure to disperse laws state that when six or more people are engaging in disorderly conduct that is likely to cause substantial harm or serious inconvenience, annoyance, or alarm, a law enforcement officer may order the participants and others in the immediate area to disperse. Knowingly failing to comply with this order to disperse is a criminal offense in Maine.

These laws frequently clash with the freedom of speech and freedom of assembly rights, which are essential elements of citizens’ constitutional rights under the First Amendment.

When large crowds congregate and law enforcement are pressured into making quick decisions, mistakes happen, and many people are wrongfully arrested and charged with failure to disperse.

Failure to disperse is considered a Class D misdemeanor under Maine law and, therefore, a more serious offense than disorderly conduct. A conviction for failure to disperse can result in up to 364 days in a county jail and a fine of up to $2,000.

If you are charged with failure to disperse, seek immediate legal advice from an experienced criminal defense attorney in Maine.

Example of failure to disperse in Maine

If activists join a climate change demonstration and march into Portland to protest, but law enforcement orders that the group of protesters must break up and go home, protestors who remain there and fail to return home may be arrested and charged with failure to disperse.

How can a lawyer help with disorderly conduct or failure to disperse charges in Maine?

Even though a charge of disorderly conduct can result from simply enjoying yourself or expressing your views, the result could still be a criminal charge and conviction. It is important to defend your legal and constitutional rights and not simply accept the charge.

A criminal defense lawyer experienced in defending such misdemeanors can prevent jail time and serious consequences for your future, which could include problems with employment, accommodation, immigration status, travel, and more.

The criminal justice system in Maine can also be bewildering if you are attempting to navigate it for the first time, especially if you try to do so alone.

Your criminal defense attorney may be able to negotiate with the District Attorney’s Office and present a strong argument that your actions were not intentional or that there were mitigating circumstances. One’s state of mind is an important consideration for the court in such cases, and it helps to have someone who knows the relevant laws inside out to advocate for you.

Your chances of leniency from the prosecution improve if you have a clean criminal record and you are represented by an experienced professional.

Your defense attorney will also hold law enforcement accountable if officers made any mistakes when arresting and charging you. If so, this can result in your release and a case dismissal.

Possible outcomes for disorderly conduct and failure to disperse charges in Maine

Disorderly conduct and failure to disperse charges can result in the following outcomes:

• Case dismissal: the District Attorney dismisses the criminal charge in its entirety (the best possible outcome).
• Plea arrangement: the defendant agrees to plead guilty to a lesser (or different) charge for a lighter sentence or less severe consequences.
• Verdict: where a jury decides on the guilt or innocence of the defendant and a judge decides on the sentence if convicted.

Can disorderly conduct charges be expunged in Maine?

For Class E misdemeanors in Maine, it may be possible to apply for an expungement of the criminal record if the individual is under the age of 21.

With most other individuals a Class E misdemeanor conviction, it may be possible to apply for sealing of the record so that the information does not appear on standard background checks.

To obtain experienced legal help with any criminal charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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The impact of a criminal record on employment is significant, as employers often conduct criminal record searches as part of the hiring process, whether it’s a criminal record search in Miami-Dade County or Broward County. Any criminal history can raise concerns, but sometimes you have options. A criminal defense attorney may be able to help you expunge or seal your records.

How a Criminal Record Affects Employment

• Background Checks: Many employers run criminal record checks to investigate individuals for criminal history. Depending on the severity of the crime, even a minor offense can lead to a denial of the job. A felony, in particular, is more likely to disqualify someone from positions that require a high level of trust or responsibility. This is true whether it’s a criminal record search in Florida or beyond.
• Disqualification from Certain Jobs: Some industries such as healthcare, education, law enforcement, and finance, have strict rules that prevent individuals with certain types of criminal records from holding positions in those areas. Employers may be concerned about liability, workplace safety, or regulatory compliance, leading them to avoid hiring individuals with a criminal record.
• Loss of Professional Licenses: For people in areas requiring professional licenses, such as doctors, nurses, or lawyers, a criminal record can result in the suspension or revocation of licenses, effectively ending careers.
• Difficulty Getting Back to Work: Even for jobs that don’t have strict legal restrictions, many employers are hesitant to hire individuals whose criminal record shows on a criminal record check due to concerns about reliability, integrity, or perceived risk. As a result, people with a criminal record may find it difficult to reenter the workforce, facing longer job searches and fewer opportunities.

Legal Rights for Individuals with a Criminal Record

Despite the challenges, persons with a criminal record have legal protections when seeking employment. Here are some key legal rights:

• “Ban the Box” Laws: These laws prevent employers from asking about criminal records on job applications. Instead, employers must wait until later in the hiring process, such as after a first interview or when a job offer is extended, to inquire about an applicant’s criminal record. Over 35 states in the U.S. have adopted “ban the box” laws, giving applicants a fairer chance to showcase their qualifications before being judged on their criminal record.
• Equal Employment Opportunity Protections: The Equal Employment Opportunity Commission (EEOC) provides guidance that prohibits employers from using criminal records in a way that discriminates against certain racial or ethnic groups. Employers must demonstrate that any exclusion based on criminal history is job-related and consistent with business necessity. This means that blanket bans on hiring individuals with any criminal record can be challenged if they disproportionately impact certain groups.
• Expungement and Sealing of Records: In some states, individuals with certain types of convictions may be eligible to have their criminal records sealed or expunged, which means they would not appear in most criminal record searches, including online criminal record searches. This can give individuals a second chance by allowing them to apply for jobs without disclosing their criminal history.
• Fair Credit Reporting Act (FCRA): Under the FCRA, if an employer decides not to hire someone based on their criminal record search, they are required to notify the individual and provide a copy of the report. This gives applicants the opportunity to dispute any inaccuracies or outdated information.

How a Criminal Defense Lawyer Can Help

If you’ve been accused of a crime, a criminal defense attorney plays an important role in protecting your future, including your employment prospects. Here’s how:

1. Negotiating Lesser Charges: If dismissal isn’t possible, your lawyer may reduce a felony to a misdemeanor or arrange alternative sentencing, which can have less impact on employment.
2. Expungement and Sealing Records: Your attorney can help you expunge or seal your criminal record, keeping it out of criminal record searches, especially when employers conduct online criminal record checks.
3. Advising on Your Rights: A lawyer can guide you through “ban the box” laws and help you understand your rights during the hiring process.
4. Post-Conviction Relief: Even after a conviction, a lawyer can pursue appeals or modifications to reduce its impact on your employment.

Contact A Criminal Defense Attorney

Being accused or convicted of a crime can feel like a major setback, but it doesn’t have to define your future. With the right legal representation, you can protect your rights, minimize the impact on your employment prospects, and explore options for clearing your criminal record. Whether you’re dealing with a criminal record in Florida, Miami-Dade County, or Broward County, getting the right help is crucial. Learn more about how Attorney Russell Spatz can help you by clicking this link.

Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.