Articles Posted in Criminal Law

The “Plain Smell” Doctrine in Florida: Can Police Still Search Your Car Based on the Odor of Marijuana?
The Bonderud Law Firm

Earlier today, the Florida Third District Court of Appeal issued a significant ruling in DelJimmyo Wright-Johnson v. State of Florida, a case that raises important questions about whether the smell of marijuana alone still provides police with probable cause to search a vehicle. This decision highlights the evolving legal landscape following Florida’s legalization of medical…

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Understanding Stalking, Cyberstalking, and Harassment Under Florida Law
The Bonderud Law Firm

Stalking, cyberstalking, and harassment are serious offenses under Florida law. These behaviors can cause significant emotional distress and, in some cases, may lead to severe legal consequences for the offender. If you or a loved one is experiencing stalking or harassment, it is crucial to understand your rights and legal remedies. What is Stalking Under…

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Florida Appellate Court Affirms Denial of Motion to Suppress in Holifield v. State
The Bonderud Law Firm

Introduction The Fifth District Court of Appeal of Florida recently issued its opinion in Brandon Robert Holifield v. State of Florida, affirming the trial court’s decision to deny Holifield’s motion to suppress evidence obtained during an inventory search of his vehicle. The case centered on whether law enforcement used the inventory search as a pretext to conduct…

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Florida’s New Immigration Law: What It Means for Undocumented Immigrants
The Bonderud Law Firm

Florida has recently enacted sweeping new immigration legislation, imposing stricter penalties on undocumented immigrants accused of crimes. The law, which is among the most severe in the country, increases criminal penalties, mandates automatic deportation in certain cases, and even introduces the possibility of a mandatory death sentence for first-degree murder convictions involving undocumented immigrants. These…

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Florida’s Prison Crisis and the ACLU’s Misplaced Priorities
The Bonderud Law Firm

In Florida, more than 75% of state prisons lack air conditioning, leaving thousands of inmates to suffer through brutal summers in inhumane conditions. Meanwhile, the ACLU, once a champion of civil liberties, has turned its focus toward advancing controversial gender policies rather than fighting for the basic human rights of incarcerated individuals. Both Florida’s Republican-led…

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Billy McFarland Plans Fyre Festival 2: What You Should Know About Fyre.Mx’s Terms of Service
The Bonderud Law Firm

Billy McFarland, the convicted fraudster behind the infamous Fyre Festival, is back with a new venture—Fyre Festival 2. Despite serving time for defrauding investors and ticket buyers in the disastrous 2017 event, McFarland is now promoting a second iteration of the festival through his platform, Fyre.Mx. But before you consider purchasing tickets, it’s critical to…

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Understanding Motions to Suppress in Florida Criminal Cases
The Bonderud Law Firm

Introduction A motion to suppress is one of the most powerful tools in criminal defense, allowing a defendant to exclude illegally obtained evidence from being used against them in court. If law enforcement violated a person’s constitutional rightsduring an arrest, search, or interrogation, a criminal defense attorney can file a motion to suppress to challenge the admissibility of that evidence.…

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Aiden Fucci Appeal: Florida Appellate Court Affirms Life Sentence with Minor Correction
The Bonderud Law Firm

Introduction The case of Aiden Fucci gained national attention following the brutal murder of 13-year-old Tristyn Bailey in St. Johns County, Florida. Fucci, who was 14 years old at the time of the crime, was convicted of first-degree murder after stabbing Bailey over 100 times. His conviction led to a life sentence, with eligibility for review after 25 years in accordance with Florida’s sentencing laws for juveniles.…

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Understanding Accident Privilege in Criminal Investigations in Florida
The Bonderud Law Firm

Introduction When a car accident occurs, drivers are legally required to report the incident to law enforcement. However, statements made to the police during an accident report cannot always be used as evidence in a criminal case. This protection, known as the accident privilege, is an important legal safeguard that prevents individuals from incriminating themselves while fulfilling their legal…

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Understanding Florida’s Stand Your Ground Law
The Bonderud Law Firm

IntroductionFlorida’s Stand Your Ground law has been a subject of debate and legal scrutiny since its enactment. This law expands the traditional principles of self-defense by eliminating the duty to retreat before using force in certain situations. If you are involved in a self-defense situation in Florida, understanding this law is crucial to knowing your rights and potential legal…

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