Author: Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

Taking the first step toward legal guidance during your criminal case can be frightening and can feel overwhelming. Daytona’s criminal defense board certified attorney, Phil Bonamo, is sharing practical information on what to expect out of your initial free consultation.

In a ruling in late September 2017, the Florida Supreme Court ruled that if a person does not have a driver’s license, for if he/she never obtained one, and that person is pulled over for a traffic stop infraction, such as speeding, that person can only also be cited for committing a second degree misdemeanor for driving without a valid driver’s license, no matter how many times that person drives and is caught.

The Florida Supreme Court, in a unanimous decision on September 28, 2017, made the ruling and finding that a “stand your ground” immunity in a criminal case could not be used to block a civil lawsuit.

The Florida Legislature on May 5, 2017, passed a bill that now puts the burden on the prosecution to prove by “clear and convincing” evidence to overcome a person’s request for immunity from criminal prosecution in a ‘Stand Your Ground’ case.

In a renewed posture, both chambers of the Florida Legislature are, once again, taking up the requirement that all portions of law enforcement interrogations be recorded. Currently, there is no requirement under Florida law that law enforcement officers record all portions of a custodial interview with an arrestee, let alone any of it.

An appeals court in our state has recently ruled that law enforcement authorities must obtain asearch warrant from a court as part of any criminal investigation before they can search ordownload information from a car’s ‘black box’, which is otherwise known as an electronic datarecorder.