Category: Criminal Defense

The holiday season is upon us, and during this festive time, local and state law police are out in force monitoring for DUI, with more police patrols, and with DUI Check Points. If you are stopped while driving, and it turns into a DUI Investigation, remember these important points:

In a recent ruling by a Florida appeals court, an interesting legal decision was made in regards to a search and seizure by law enforcement at a person’s home for drugs, per a search warrant. As a reminder, under both the United States and Florida Constitution, a person has the right to be free from unreasonable search and seizure of their home and property, and from unreasonable governmental intrusion.

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.

Everybody makes mistakes. Some mistakes can be corrected... with the right strategy. “Deferred Prosecution Agreement” is for those accused of misdemeanor offenses, and “pre-trial intervention” is for those accused of most third degree, non-violent felonies. Most charged with more serious offenses are not eligible for these programs.

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.

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.