In this episode of Come Back With a Warrant, criminal defense attorneys Monica Ishak and Brandon Dinetz break down what happens when someone is arrested for the first time and wants the case dismissed, sealed, expunged, or removed from their record.

Monica and Brandon explain the difference between diversion, plea deals, deferred prosecution agreements, pretrial intervention, plea in pass agreements, DUI diversion, drug court, veterans court, mental health court, and other alternatives that can sometimes help a person avoid the full consequences of a criminal prosecution.

They also discuss why diversion can be a major win in a criminal case, especially when it gives a client a path to dismissal without having to take the risk of trial. But they also explain that not every diversion program works the same way. Some programs require no admission of guilt, while others may involve a plea, probation, court conditions, restitution, treatment, or a withhold of adjudication.

This episode also covers one of the most common questions criminal defense lawyers get: “Can I get this off my record?” Monica and Brandon explain the difference between expungement and sealing in Florida, why a dismissal matters, why a withhold of adjudication matters, and how a conviction can prevent someone from getting a case removed from their record.

They also talk about the frustrating reality that even when a case is dismissed, sealed, or expunged, private websites, news outlets, mugshot pages, YouTube videos, Facebook groups, and third-party companies may still keep arrest information online. In other words: sometimes the criminal case is legally gone, but the internet does not forget.

Topics Covered

Diversion in criminal cases
Deferred prosecution agreements
DPA criminal case meaning
Pretrial intervention
Plea in pass agreements
DUI diversion in Palm Beach County
Reckless driving reduction from DUI
Withhold of adjudication
Adjudication vs. withhold
Drug court diversion
Veterans court
Mental health court
Competency in criminal cases
First time offender programs
Domestic violence diversion
FTOP domestic violence cases
Restitution in diversion agreements
Community service and court costs
Theft course and anger management
Trial risk vs. diversion
Client control and plea decisions
Public defender vs. private attorney strategy
First-time arrest in Florida
How to get a case dismissed
Nolle prosequi
No file decision
Expungement in Florida
Sealing a criminal record in Florida
Difference between sealing and expungement
Can a dismissed case still show up online?
Mugshots and public records
Why arrests stay online
Private websites and criminal records
How a criminal case can follow you 🎧 Leave us a 5 Star Review! Follow us for legal hot takes, episode updates, and a peek into our lawyer lives. 📺 YouTube: @ComeBackWithAWarrant.Podcast
📸 Instagram: @ComeBackWithAWarrant.Pod
🎵 TikTok: @ComeBackWithAWarrant.Pod
Find us everywhere and join the conversation! Subscribe to our newsletter for episode guides and latest pod updates: https://come-back-with-a-warrant-podcast.kit.com/fe483fdf18 📞 Need help with a DUI case in West Palm Beach?
Contact The Ishak Law Firm or BD Law to discuss your options at (561) 316-8433 or (561)398-4683.

In this episode of Come Back With a Warrant, criminal defense attorneys Monica Ishak and Brandon Dinetz sit down with Iris Eytan, a criminal defense attorney with nearly 30 years of experience handling high-stakes and complex criminal cases, including murder trials. Iris is also the founder and CEO of Protect Ethical Prosecutors, an organization focused on addressing prosecutorial misconduct, increasing accountability, and protecting the integrity of the criminal justice system.

This conversation goes deep into what happens when prosecutors stop acting as ministers of justice and start treating criminal cases like games to be won at all costs. Iris shares how her career evolved from public defense and civil rights advocacy into complex criminal defense work, and how repeated experiences with hidden evidence, high-profile cases, and alleged prosecutorial misconduct ultimately pushed her to leave practicing law and focus on systemic reform.

Monica, Brandon, and Iris discuss the emotional weight of defending clients in cases where the evidence does not add up, the pressure prosecutors face in high-profile cases, and why concealing favorable evidence can destroy lives, harm victims, and undermine public trust in the justice system. Iris also explains why prosecutor accountability is so difficult, including the role of prosecutorial immunity and the lack of meaningful consequences when misconduct occurs.

The episode also covers the Barry Morphew case, the founding mission behind Protect Ethical Prosecutors, the difference between tough prosecution and unethical prosecution, and why fairness — not conviction rates — should be the true measure of success in the criminal justice system.

Topics Covered

Prosecutorial misconduct
Ethical prosecutors
Protect Ethical Prosecutors
Iris Eytan
Monica Ishak
Brandon Dinetz
Come Back With a Warrant
Wrongful convictions
Criminal defense attorney
Public defender experience
High-profile criminal cases
Hidden evidence in criminal cases
Exculpatory evidence
Favorable evidence
Brady violations
Prosecutor accountability
Prosecutorial immunity
Absolute immunity for prosecutors
Misconduct in murder cases
Barry Morphew case
Suzanne Morphew case
Criminal justice reform
Wrongful imprisonment
DNA evidence and alternate suspects
Public trust in the justice system
Ethics over winning
Minister of justice
Prosecutors and conviction culture
Why prosecutors should disclose evidence
How misconduct affects victims and defendants
Systemic reform in criminal law 🎧 Leave us a 5 Star Review! Follow us for legal hot takes, episode updates, and a peek into our lawyer lives. 📺 YouTube: @ComeBackWithAWarrant.Podcast
📸 Instagram: @ComeBackWithAWarrant.Pod
🎵 TikTok: @ComeBackWithAWarrant.Pod
Find us everywhere and join the conversation! Subscribe to our newsletter for episode guides and latest pod updates: https://come-back-with-a-warrant-podcast.kit.com/fe483fdf18 📞 Need help with a DUI case in West Palm Beach?
Contact The Ishak Law Firm or BD Law to discuss your options at (561) 316-8433 or (561)398-4683.

In this episode of Come Back With a Warrant, criminal defense attorneys Monica Ishak and Brandon Dinetz break down one of the most misunderstood concepts in criminal law: the difference between probable cause and proof beyond a reasonable doubt.

A lot of people assume that being arrested means the government already has enough evidence to convict someone. But as Monica and Brandon explain, those are two very different legal standards. Probable cause is the lower standard police need to make an arrest, conduct certain searches, or support a warrant. Beyond a reasonable doubt is the much higher standard prosecutors must meet at trial to convict someone of a crime.

Monica and Brandon discuss how probable cause can be challenged at different stages of a criminal case, including first appearance, through motions to suppress, and in challenges to search warrants. They also explain why these challenges can be difficult, especially early in a case when the defense may only have limited information, such as the probable cause affidavit or initial police report.

The episode also dives into the importance of the pre-file stage in criminal defense. Monica and Brandon explain why hiring a private criminal defense attorney early can make a major difference before formal charges are filed. They discuss how mitigation, communication with prosecutors, and early advocacy can sometimes lead to reduced charges, better offers, or even no-file decisions.

They also cover trial strategy, jury instructions, reasonable doubt, motions to suppress, Franks motions, search warrants, prosecutorial discretion, and why criminal defense attorneys must balance zealous advocacy with objective case analysis.

Topics Covered

Probable cause vs. beyond a reasonable doubt
What police need to arrest someone
What prosecutors need to convict someone
Why an arrest does not equal guilt
How probable cause is challenged in criminal court
First appearance hearings and bond arguments
Search warrants, arrest warrants, and affidavits
Motions to suppress evidence
Franks motions and false statements in warrant affidavits
The Fourth Amendment and criminal defense
Why early legal representation matters
The pre-file stage in Florida criminal cases
How prosecutors decide what charges to file
Burglary vs. trespass charging decisions
Mitigation packets and reduced charges
Public defender vs. private attorney involvement pre-file
Reasonable doubt at trial
Jury instructions and closing arguments
Why jurors may assume someone is guilty just because they were arrested
How defense attorneys prepare for trial
Maintaining objectivity as a criminal defense lawyer 🎧 Leave us a 5 Star Review! Follow us for legal hot takes, episode updates, and a peek into our lawyer lives. 📺 YouTube: @ComeBackWithAWarrant.Podcast
📸 Instagram: @ComeBackWithAWarrant.Pod
🎵 TikTok: @ComeBackWithAWarrant.Pod
Find us everywhere and join the conversation! Subscribe to our newsletter for episode guides and latest pod updates: https://come-back-with-a-warrant-podcast.kit.com/fe483fdf18 📞 Need help with a DUI case in West Palm Beach?
Contact The Ishak Law Firm or BD Law to discuss your options at (561) 316-8433 or (561)398-4683.