Articles Posted in Criminal Law

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…

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…

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…

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…

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.…

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.…

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…

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…

Introduction Probation allows individuals convicted of a crime to serve their sentence without being incarcerated, but it comes with strict conditions. If you violate the terms of your probation in Florida, you could face serious consequences, including jail time. This guide explains what constitutes a probation violation, the penalties you could face, and defenses that may help you avoid jail time.…

Introduction Florida has some of the most gun-friendly laws in the United States, but there are still restrictions on who can own, carry, and use firearms legally. Violating Florida’s gun laws can result in serious criminal charges, including felony convictions, fines, and jail time. This guide explains who can legally carry a gun in Florida, where guns are prohibited, and the…