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Ben Bollinger
Criminal Trial Attorney
Criminal Trial Attorney
Ben's posts

#triviatuesday  A: No! There is no law that states law enforcement must be truthful at any point in their investigation. Hard to believe huh? Law enforcement can actually tell a suspect/witness that they have evidence implicating them in a crime and not have anything against them! This has been an issue in past cases because of the chance of a false confession. ‪#‎jailstinks‬

#triviatuesday Q: So we found out last week that juveniles are not entitled to have their parents with them when being questioned by law enforcement. I know it could have come as a shock to most of you but it is a reminder to always tell your children to ask to speak to an attorney and tell the attorney he/she wishes to speak with their Dad and Mom. So this weeks trivia: Must law enforcement tell a suspect and/or a witness the truth when investigating a crime and questioning them? #jailstinks

#happymonday  Today is the only day for felony court. Judge Clark will be presiding at 9 a.m. and 1:30 p.m. in the East Courtroom on the 2nd floor. I will be there so stop by. As always it is open to the public and you would be amazed, shocked and/or surprised by what happens on a daily basis! #jailstinks

#triviatuesday Q: Josh is 10 years old and along with his older brother John, who is 16, they commit a terrible crime during the holidays...They take Baby Jesus from a Nativity scene in someone's yard and keep it! Mr. Grumpy catches these little scoundrels on his video camera and Detective Smart is assigned to the case. Detective Smart recognizes one of the boys as John from coaching his baseball team last year. Detective Smart goes to John's house and speaks with Josh. He asks Josh to sit in his undercover car and reads him his rights and begins to ask him about Baby Jesus. Josh states he wants his Dad and Mom there with him but Detective Smart tells him he has no right to speak with his Dad and Mom and asks him if he understood his rights. Josh states yes and then he breaks down crying and admits to taking Baby Jesus from a manger. When Detective Smart was done with Josh his brother John walks up and Detective Smart asks him to step in his car and reads him his rights. John also states he wants his Dad and Mom present but Detective Smart states he had no right to that and again asks him if he understood his rights. John states that he does and he too breaks down crying admitting that Baby Jesus was taken from a manger. Detective Smart arrests both the boys for trespass and grand theft (since Baby Jesus was worth over $300 according to Mr. Grumpy) So are both or only one of the boys confessions admissible in court? If not, why? ‪#‎jailstinks‬

#happymonday Judge Fensom will be the Felony Court Judge for this week.  Anyone wanting to attend please feel free to contact me.  #jailstinks

#triviatuesday A: It is doubtful that Ms. Cow has a leg to stand on if she tries to sue the two young boys. To be libel it must have been written about her so that is out. Since they spoke about Ms. Cow it could be slander but it would have to be untruthful which is not the case. Historically courts have held that people should have a "tough mental hide."  Although I am sure the two young boys caused her distress if everyone could sue anyone for things that are said about them it would be very busy at the courthouse!  #jailstinks

Judge Fensom will be the Felony Court Judge for this week.  Anyone wanting to attend feel free to contact me.  #jailstinks

#happymonday Judge Overstreet with be the presiding Judge this week for felony court.  Feel free to contact me and I can get you the days and times he will be on the bench. #jailstinks

#triviatuesday A:  Possibly, depending on what a jury may decide based on the following law:  Pursuant to Florida Statute 790.19 a person is guilty of throwing a missile into a dwelling if the State can prove that Mr. Grumpy hurled a stone or other hard substance that would produce death or great bodily harm and did so into a building that was occupied and did so wantonly or maliciously.  So, what does everyone think?  Can a book produce death or great bodily harm?  Stay tuned for another twist to this fact pattern.    #jailstinks

#triviatuesday Q: Here is a fact pattern for everyone to think about and give me responses to:  Mr. Grumpy is angry at his neighbor Mr. Docile.  They have been arguing for years.  Their houses are only 50 feet apart and they can see each other through the windows.  Mr. Grumpy is finally fed up with Mr. Docile's cat coming onto his property to do his "business".  He confronts Mr. Docile when he gets home from work.  Mr. Docile apologizes but it only seems to escalate Mr. Grumpy.  Mr. Docile finally goes into his own home to remove himself from the situation.  Mr. Grumpy feeling even more offended goes into his own home and stews on what he is going to do.  Mr. Grumpy knows the law and comes to the determination that he is going to commit a misdemeanor battery on Mr. Docile as the courts normally only fine you for such.  He surely does not want to commit a felony.  With this in mind he sees Mr. Docile through his window vacuuming his house.  Mr. Grumpy lifts his own window up and throws a book at Mr. Docile's house which breaks Mr. Docile's window and hits him in the head.  Mr. Grumpy walks out his front door and waits for law enforcement to show up.  Mr. Docile calls the police and they arrest Mr. Grumpy.  Can Mr. Grumpy be charged with a felony based on the facts of this case? #jailstinks
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