Probation can look like a break from jail — but in Florida criminal cases, it can also become one of the fastest ways to end up back in custody.

In this episode of Come Back With a Warrant, criminal defense attorneys Monica Ishak and Brandon Dinetz break down probation from the legal side: how people end up on probation, what probation conditions really mean, how violations happen, and why a “good deal” is not always as good as it sounds.

Monica and Brandon explain the difference between general and special conditions of probation, technical violations, material violations, restitution issues, new law violations, drug and alcohol testing, travel restrictions, early termination, and final violation of probation hearings. They also discuss why probation officers have so much power, why violations can lead to no-bond warrants, and why the lower burden of proof at a VOP hearing can make these cases especially risky.

The episode also covers real courtroom stories, including defendants running from court, probation violations based on new arrests, DUI probation issues, driving while license suspended, sex offender probation violations, and the difficult choice between jail time and long-term supervision.

Topics include:
• What probation means in criminal court
• Jail vs. probation plea offers
• General conditions vs. special conditions
• Technical vs. material probation violations
• Why VOP warrants are often no bond
• Final violation of probation hearings
• Lower burden of proof in VOP cases
• Restitution, court costs, and ability to pay
• DUI probation, treatment, and testing
• Travel restrictions and probation modifications
• Early termination of probation
• Why probation can be a gift, a curse, or both

This episode is for entertainment and educational purposes only and is not legal advice. If you are facing a criminal charge, probation violation, warrant, DUI, VOP, or any other criminal case, speak with a qualified criminal defense attorney in your jurisdiction.

Subscribe to Come Back With a Warrant, leave a five-star review, and sign up for our weekly newsletter for more criminal defense stories, legal insight, and unfiltered courtroom commentary.
🎧 Leave us a 5 Star Review! Follow us for legal hot takes, episode updates, and a peek into our lawyer lives. 📺 YouTube: @ComeBackWithAWarrant.Podcast
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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 VOP 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 the Randy Herman case, the Palm Beach County murder case featured in Hulu’s documentary Dead Asleep. The case centered on one unusual and controversial defense: sleepwalking.

Monica and Brandon discuss the death of Brooke Preston, Randy Herman’s confession, the defense theory that he may have been sleepwalking, and why the case ultimately turned on questions of intent, timeline, forensic evidence, and whether the sleepwalking defense was reasonable under the facts.

Unlike many murder trials where the defense argues mistaken identity or lack of proof that the defendant committed the act, the issue in this case was different. Randy Herman admitted that he was the person standing over Brooke’s body with the knife, but claimed he had no memory of the killing. That meant the defense had to focus on whether he was conscious, aware, and capable of forming the intent required for first-degree murder.

Monica and Brandon analyze the key facts from the case, including the 25 stab wounds, the surveillance footage, the text messages, the neighbor who heard screams, the timeline between Randy and Brooke’s interaction and the killing, and the prosecution’s argument that there was not enough time for Randy to fall into the type of deep sleep required for the sleepwalking defense.

They also discuss the defense expert, how juries evaluate what is “possible” versus what is “reasonable,” and why the State’s trial strategy was effective. Instead of arguing that sleepwalking as a defense was impossible or ridiculous, prosecutors focused on the facts of this case and why the evidence did not support that theory.

This episode also touches on trial strategy, reasonable doubt, premeditation, motive, intoxication, emotional rage, jury perception, courtroom appearance, and how criminal defense attorneys decide which defense theory gives a client the best chance at trial.

Topics Covered

Randy Herman case
Brooke Preston case
Hulu Dead Asleep documentary
Dead Asleep case breakdown
Sleepwalking murder defense
Sleepwalking criminal defense
Palm Beach County murder case
Florida murder trial
First-degree murder defense
Intent in murder cases
Premeditation in criminal law
Reasonable doubt
Possible vs. reasonable defense theories
Criminal defense trial strategy
Forensic timeline evidence
Surveillance footage in criminal cases
Text messages as evidence
Neighbor witness testimony
Confession in a murder case
No memory defense
Criminal intent and consciousness
Sleepwalking expert testimony
Defense expert cross-examination
25 stab wounds evidence
Overkill in murder cases
Motive in murder trials
Rage killing theory
Intoxication and criminal defense
Jury perception
Courtroom appearance and bias
Defendant clothing at trial
Public defender trial strategy
Palm Beach County criminal defense
Florida criminal defense podcast
Monica Ishak
Brandon Dinetz
Come Back With a Warrant 🎧 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 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.