Archives June 2025

Few laws in Florida have generated as much public attention, legal debate, and widespread misunderstanding as the Stand Your Ground statute. Originally designed to reinforce an individual’s right to self-defense, it has become one of the most controversial legal doctrines in the state, frequently at the center of high-profile cases and legal commentary. 

Despite its prominence, many people remain unclear about when the law applies and what protections it truly offers. For Florida residents, especially those facing criminal charges involving claims of self-defense, a clear understanding of how this law works is essential in building an effective legal strategy.

What Is the Stand Your Ground Law?

Florida’s Stand Your Ground law allows individuals to use deadly force to defend themselves without a duty to retreat when they reasonably believe it is necessary to prevent imminent death or great bodily harm. In simpler terms, if someone threatens you with serious violence and you genuinely fear for your life or safety, you don’t have to try to escape before defending yourself even with deadly force. 

This principle is outlined in Florida Statute § 776.012, which states that a person is justified in using deadly force if they reasonably believe it is necessary to prevent death or serious injury to themselves or another, or to prevent the commission of a forcible felony such as robbery, kidnapping, or sexual assault.

Key Features of Florida’s Stand Your Ground Law

Here’s what makes Florida’s law unique, and sometimes controversial:

No Duty to Retreat

• In many other states, a person must try to escape the situation (if safely possible) before using deadly force. In Florida, you are not required to retreat if you’re somewhere you have a legal right to be.

Applies Outside the Home

• The law applies not only in your home (which falls under the “Castle Doctrine”) but also in public places like a parking lot, street, or business if you’re lawfully present there.

Civil and Criminal Immunity

• If you successfully invoke Stand Your Ground, you may be immune from criminal prosecution and civil lawsuits. In other words, if a judge agrees that the law applies, your case could be dismissed before ever going to trial.

When Stand Your Ground Does Not Apply

Despite popular belief, Stand Your Ground isn’t a “get out of jail free” card. There are specific circumstances where it does not apply:

• If you were the aggressor in the situation (e.g., you started the physical altercation).
• If your fear wasn’t reasonable, even if you personally felt threatened.
• If the use of force was disproportionate to the perceived threat.
• If the other person was retreating or no longer posed a danger.

Also, if you were engaged in unlawful activity at the time (such as trespassing or drug trafficking), your right to claim Stand Your Ground could be severely limited.

Stand Your Ground Case Example

One of the most widely known and controversial cases involving Stand Your Ground was the 2012 Trayvon Martin shooting, when a shooting of an unarmed teenager triggered a national conversation. 

The defendant in that case was ultimately found not guilty after self-defense was argued, sparking widespread debate about how this law is interpreted and applied. In the years since Florida courts have continued to refine the legal standards for invoking Stand Your Ground immunity. For example, in Volusia County last year, charges were dismissed for a homeowner accused of fatally shooting a neighbor, after a judge concluded the claimant met the criteria for self-defense under the law.

Why Legal Representation Is Critical

Invoking Stand Your Ground successfully requires more than just claiming self-defense. Judges and prosecutors carefully scrutinize the timeline of events, the perceived threat, witness testimony, physical and forensic evidence, and your actions before, during, and after the incident. 

That’s why working with an experienced criminal defense attorney is essential, an attorney can help assess whether the law applies to your situation, build a compelling narrative backed by evidence, and protect your rights from the very first hearing.

Contact a Criminal Defense Attorney Today

Florida’s Stand Your Ground law can offer powerful protections, but it’s not as simple as many believe. It’s a legal defense with strict requirements and serious consequences if misapplied.

If you or someone you love is facing charges involving self-defense or use of force, don’t take chances. Contact the Spatz Law Firm, PL, at 305-442-0200. We’ll walk you through your options and start building a defense that protects your future.

OUI cases in Maine usually start when a law enforcement officer pulls over a vehicle. From that point, many things can happen but if the officer even has a slight suspicion that a driver has been drinking, the likely outcome is field sobriety tests, breath tests, and possibly other chemical tests.

Depending on the results of these tests, license suspensions may result and criminal charges may be filed.

For these reasons, OUI stops should be taken very seriously. It helps to understand the driving patterns that officers look for as signs of intoxication before deciding to stop a vehicle, the signs they look for during field tests, and how to challenge results that lead to an OUI charge.

Here’s what you need to know.

Driving conduct associated with impaired driving

Police officers on patrol in Maine, like everywhere in the U.S., look for particular types of driver conduct to establish the “reasonable suspicion” usually necessary for an OUI stop. They cannot simply pull over a vehicle on a whim but, instead, look for certain driving patterns, especially at nighttime and on weekends/holidays.

An infraction such as speeding, running a red light or failing to signal at a turn usually provides the reason to stop the vehicle. If the driver has not been drinking, a traffic ticket may result. If the officer suspects the driver has consumed any alcohol, a series of field tests will likely be performed to check if the driver is under the influence or impaired.

Many studies have been conducted to identify the type of “reckless” driving behavior indicating impairment. The National Highway Transportation Safety Administration (NHTSA) has identified the following driver actions as particularly indicative of impairment:

• Making wide-radius turns
• Straddling lane dividers or road demarcations
• Extensive weaving or swerving
• Driving under the speed limit by 10 mph or more
• Driving at erratic speeds

Speeding does not correlate closely with impaired driving

Surprisingly, for some people, the NHTSA does not include speeding in its list of actions that correlate closely with impaired driving. Despite this, law enforcement officers in OUI cases often cite speeding as the reason for pulling a driver over.

Regardless of any signs of intoxication observed by a law enforcement officer after the stop, if the stop itself was unlawful, a defendant cannot be found guilty of OUI. So, if speeding is cited in an OUI case as the reason for stopping a vehicle, the defense may be able to challenge the charge based on this.

Speak to an OUI defense lawyer if you do not believe an officer had reasonable suspicion to pull you over. However, bear in mind that defending someone who drove excessively over the speed limit using the “unlawful stop” argument is far more challenging.

Signs and symptoms of drunk driving

After the vehicle has stopped, a law enforcement officer will question the driver, look for any evidence of being under the influence, and try to establish “probable cause” for an arrest to be made if necessary.

Typically, officers have been trained to detect the following signs of intoxication:

• Slurred or incoherent speech
• Bloodshot and watery eyes
• Alcohol odors on or around the driver
• Inconsistencies in the driver’s “story”
• Slow responses to questioning
• Unsteadiness on the feet or stumbling out of the vehicle
• Poor motor skills
• Fumbling with a wallet/driver’s license

The officer may request that the driver participate in field sobriety testing or provide a breath sample. The driver can refuse these processes but will likely then be asked to perform a chemical test. A refusal will result in a license suspension and a potential criminal charge under Maine’s “implied consent” laws.

Challenging an OUI traffic stop in Maine

Pleading guilty in an OUI case is rarely (if ever) the best option, due to the harsh long-term consequences that accompany a conviction.

The evidence against defendants is often not as “watertight” as the prosecution claims. Several arguments may be used to challenge the evidence against almost anyone charged with an OUI offense—especially if the driver is only slightly over the legal limit.

Most defenses relate to sobriety test results, such as chemical tests like breathalyzers or blood tests, or field sobriety assessments. These are all subject to human error, faulty equipment, and improper administration.

Challenging a blood test

Blood tests are generally regarded as a reliable way to measure blood alcohol concentration (BAC) because they are conducted in labs. However, because it takes time for the test to be administered, one possible defense may be that the driver was under the limit when stopped but the BAC later rose when the blood was taken.

Challenging a breath test

Roadside breath tests using “breathalyzers” are often used as key evidence in OUI cases in Maine. An experienced OUI defense lawyer can often challenge the accuracy of these test results due to an incorrectly administered test or poorly calibrated equipment.

Challenging a field sobriety test

Field sobriety tests include HGN testing (horizontal gaze nystagmus), the walk and turn, and the one-leg stand. In each of these tests, there is considerable room for human error, especially if the police officer failed to provide clear instructions.

Are OUI checkpoints legal in Maine?

Despite the police usually requiring reasonable suspicion to initiate a traffic stop, the Supreme Court has ruled that sobriety checkpoints or OUI roadblocks are legal under federal law. This is because they are regarded as serving a significant public safety interest and involve only minimal intrusion on drivers.

To be lawful, checkpoints must follow a predetermined, neutral plan for stopping vehicles, use proper signage and visible authority presence, keep the stops brief and non-discriminatory, and avoid extending the detention without further cause.

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

OUI Blog Articles

A criminal conviction usually appears on criminal records for life in Maine, potentially impacting the individual’s employment, education, travel, housing, immigration status, and more.

However, certain low-level misdemeanor convictions can be sealed, meaning that they do not show up on most background checks. For instance, those convicted of marijuana-related offenses have the right to apply to the Maine courts to seal the records related to their convictions, as marijuana was decriminalized in the state in 2017.

Law changes made in Maine in August 2024 amended the eligibility criteria for sealing convictions, making it easier for those convicted of certain offenses, and reducing the impact on their futures.

The changes amended two main elements of the laws:

• Removal of the age-related prerequisite for sealing criminal history.
• Allowing people to apply to get their criminal histories sealed for marijuana crimes that are now no longer criminal offenses.

Other proposals exist to adjust criminal record sealing eligibility in Maine and potentially allow automatic record sealing for convictions for decriminalized acts. Let’s look at the relevant laws as they stand now and how sealing criminal convictions works.

Difference Between Sealing and Expunging Criminal Records in Maine

In Maine, criminal records cannot generally be expunged or completely erased from the record, as in some states. However, if the court grants a pardon, as it may in exceptional cases, the conviction records are erased, so that no entity or agency can access them (similar to an expungement).

Limited court powers also exist to seal some adult criminal records and erase them from public view if:

• The person is aged 18-21 and convicted of a Class E crime or selected Class D crimes (the least severe misdemeanor offenses).
• A valid petition for conviction record sealing has been received.

Each criminal record may contain both “public criminal history record information” and “confidential criminal history information”. This can only be accessed by specific agencies and entities. The type of information visible on criminal records that have not been sealed includes:

• All summons and arrest information.
• Records that detail the prosecution process.
• Records that show that the court postponed or dismissed proceedings due to the mental state of the defendant.
• Dismissed charges.
• Acquittals, not including insanity pleas.

Do Sealed Records Show Up in Maine Background Checks?

If a record is sealed, it usually means that the record is not visible to the public, such as in employer background checks. However, it is usually still available to law enforcement agencies and some professional licensing agencies.

In other words, the court will remove all information considered non-conviction data to make the personal information unavailable upon public records requests, but authorized personnel within law enforcement agencies will still be able to view the conviction data.

How to Seal a Criminal Record in Maine

In Maine, the State Bureau of Identification (“SBI”) keeps track of criminal records. To check whether you have a criminal record, you can apply here to download a report.

When we refer to “removing” criminal records in Maine, it is the same as sealing records. Eligible candidates can fill out a Petition for Executive Clemency form and file a motion requesting that the court seal parts of the record.

To be eligible for record sealing, the individual must have waited four years since finishing any sentence imposed, received no new criminal convictions since that time, and have no convictions pending.

Generally, applicants also need a valid reason for sealing the record, as well as meeting all of the eligibility criteria. Once a record is sealed, the individuals concerned can indicate they do not have a criminal record to employers, etc.

The only other way to remove a criminal record from the Maine SBI database is through a pardon by the Governor. However, pardons are extremely rare and, if you think you are eligible, it is best to check with a criminal defense lawyer before venturing too far down this route.

What types of criminal offenses can be sealed in Maine?

Only Class E crimes and certain Class D crimes are eligible for record sealing in Maine. Examples of eligible Class E crimes that may be subject to record sealing include:

• Operating on a suspended license
• Theft of less than $1,000
• Prostitution
• Disorderly conduct
• Criminal trespass
• Public intoxication
• Driving to endanger
• Online harassment

These non-violent, low-level misdemeanors can still result in up to six months’ incarceration and a $1,000 fine. Some Class E sexual assault convictions are excluded from this list and cannot be sealed.

Depending on the date of the conviction, some Class D marijuana-related crimes listed under Title 17-A, section 1105-D of the Maine Statutes may also qualify for record sealing. The eligibility for record sealing only applies if the crime was committed before January 30, 2017 (when marijuana was decriminalized in Maine).

Aggravated trafficking, furnishing or cultivation of scheduled drugs, as well as aggravated cultivation of marijuana and unlawful possession of a scheduled drug (marijuana) are examples of Class D offenses that have become eligible for record sealing with the law changes. No Class A, B, or C crimes (classified as felonies in Maine) are eligible for record sealing in Maine.

Given the limited options available for sealing criminal conviction records in Maine, the best strategy is to avoid a conviction altogether by working with a seasoned criminal defense lawyer as soon as you are aware of the charges against you. This will increase your chances of having the charges dismissed or downgraded, or securing an acquittal.

For experienced legal help and support with a petition for sealing a criminal conviction or a pardon, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

Blog Posts

Many times, people misunderstand what a criminal trial actually looks like. They often assume it’s like the dramatic scenes they see in movies, filled with surprises and last-minute confessions. But in reality, the movies show us a version of the process that’s far removed from what actually happens.

Let’s dive into some of the biggest misunderstandings about how criminal trials actually work, and what you can expect if you’re ever in that position.

Misconception #1: “If I’m innocent, I don’t need a lawyer.”

It’s a common and dangerous belief that being innocent automatically protects you from conviction. Unfortunately, the justice system is not perfect, and even innocent people can get caught up in criminal charges. Having a skilled criminal defense attorney is critical because:

• They protect your constitutional rights: Without a lawyer, you might unknowingly waive important rights or say something that can be used against you, even if you didn’t do anything wrong.
  
• They challenge questionable evidence: Sometimes, police or prosecutors rely on weak evidence like unreliable witness statements, flawed lineups, or questionable lab results. A defense lawyer knows how to investigate and challenge that evidence effectively.
  
• They build a strategic defense: Even if you’re innocent, the way your defense is presented matters. An experienced attorney gathers witnesses, experts, and documentation that can show the full picture of what happened.

Misconception #2: “Trials always happen quickly.”

In movies, it seems like someone gets arrested, and the next day they’re in court facing a jury. In real life, the process is usually much longer and sometimes feels frustratingly slow. Here’s why cases take time to reach trial:

• Investigations can take weeks or months: Police and prosecutors gather evidence, interview witnesses, and build their case. Meanwhile, your defense team also needs time to investigate and prepare.
  
• Pretrial motions are common: These are legal requests made to the judge like asking to exclude certain evidence or to dismiss charges altogether. These motions are crucial to shaping what the jury actually sees and hears.
  
• Scheduling conflicts often arise: Courts handle many cases at once, so your trial might be delayed due to other cases on the docket.
  
• Discovery must be completed: Both sides need to share evidence before the trial, which can involve reviewing documents, videos, expert reports, and more. This process is time-consuming but essential to a fair trial.

Misconception #3: “The jury always decides the case.”

Many people think that every criminal case ends with a jury deliberating and reading a verdict. In reality, most cases are resolved without a jury trial. Here’s what actually happens most of the time:

• Plea bargains are very common: Prosecutors often offer reduced charges or lighter sentences in exchange for a guilty plea. This can avoid the risk of a harsher sentence at trial.
  
• Some cases are dismissed: If the defense can show that the evidence is weak, improperly obtained, or insufficient, the judge may dismiss the charges before trial.
  
• Bench trials are an option: In certain cases, a defendant may choose to have a judge (rather than a jury) decide the case. This is called a bench trial and can be quicker and more focused on legal issues rather than emotions.

Misconception #4: “The prosecution has to prove the defendant is guilty beyond any doubt.”

The legal standard in a criminal trial is beyond a reasonable doubt, but that’s not the same as beyond all doubt. This is a subtle but important distinction. Reasonable doubt means that if a juror has any reasonable uncertainty about the defendant’s guilt, they must acquit. However, it does not mean that the juror has to be 100% certain or that every single doubt, no matter how unrealistic, must be eliminated. Jurors are instructed to use their common sense and life experiences to decide whether the evidence proves guilt beyond a reasonable doubt.

Understanding this standard is key for both the defense and the prosecution in shaping their arguments and presenting their case.

Misconception #5: “If the police didn’t read me my rights, my case gets thrown out.”

This is a common myth, thanks again to TV. Miranda rights only apply when you’re in custody and being interrogated. If police fail to read you your rights, statements you made in response to police questioning after arrest may be excluded from evidence, but the case itself usually doesn’t get dismissed. Other evidence, like physical evidence seized legally or statements you made voluntarily before being arrested can still be used against you. 

Miranda rights also do not apply to spontaneous, unprompted statements, meaning if you blurt something out without being asked, that can still be used. So while Miranda rights are important, not reading them doesn’t automatically end the case.

Misconception #6: “A trial is just about telling your side of the story.”

A trial is not a free-for-all where you can tell the jury anything you want. It’s a carefully controlled process governed by strict rules of evidence and procedure.

• Only certain evidence is allowed: Judges decide what’s relevant and admissible. Some statements might not be allowed at all.
• Witnesses must be properly vetted: The defense and prosecution both have the right to challenge the credibility of witnesses before they testify.
• The defense attorney’s job is to guide your story: They know how to present your side in a way that meets legal standards and connects with the jury.

Contact a Criminal Defense Attorney Today

If you or a loved one are facing criminal charges, don’t let TV myths cloud your understanding. This should be handled by an attorney who has the experience and knowledge to protect your rights and your freedom no matter what type of charge you are facing.

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.