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

One of the first things I look at when I am retained to represent someone in a criminal case is whether they are eligible for what is referred to as a Diversion. This can mean different things in different jurisdictions, but what I am referring to is whether the criminal case can be taken out of the regular court that it is pending and for a favorable result or outcome.

It is very important to realize that if you are arrested for any crime, it can be tempting to do certain things due to being scared, upset, and confused about the situation. When I am speaking with someone after they have been arrested (or if they have not been arrested, but are the subject of a criminal investigation), I find quite often that they have done one or more things that they should not have when dealing with law enforcement.

In the next few weeks, our Florida Legislatures will be convening for their annual legislative session in Tallahassee. Hundreds of bills and legislative proposals on a variety of issues will be addressed in subcommittee meetings and by the State House and Senate as a whole during the session in March and April.

I read with interest a recent article from the Daytona Beach News Journal of a case where the court ruled that the State prosecutor’s office could not use any evidence in a case of drugs and contraband that were obtained by the police through the execution of a search warrant on a house.

The Florida Supreme Court, in a 5-2 decision last month, ruled on the side of privacy and personal protections, by holding that law enforcement/police in Florida must first obtain a search warrant before they can use a person’s cell phone information to conduct “real-time” tracking of someone and their whereabouts.