If you get arrested for possession of narcotics or being under the influence of narcotics. you are probably going to hire a lawyer. The lawyer may make promises to you like, “Don’t worry, I’ll get your case dismissed” or “I will take care of everything.” You walk into arraignment court with the lawyer and suddenly he tells you to plead guilty and take deferred entry of judgment. The lawyer tells you that the offer won’t get any better and the cased will be dismissed in under two years.

Some of this is true and some is not. Deferred judgment is a program where in the case of charges of simple possession or being under the influence, if the defendant is found suitable and is otherwise eligible for the program, he would plead guilty to the charges, and sentencing would be deferred for 18 to 24 months. During the deferment period the defendant must obey all laws, perform a Penal Code 1000 approved drug education class, pay certain fees and can earn his dismissal.

So what’s so bad about this?

First, this is still a conviction for many purposes. The federal government and immigration service don’t view PC 1000 or deferred entry of judgment as a true dismissal, rather they view it as a conviction. Technically, even under state law, when we plead guilty and are found guilty based on our plea, this is a conviction, albeit a temporary conviction.

Next, if we are eligible for DEJ, then we are eligible even after the conviction at trial. It’s true that after trial, DEJ is discretionary with the judge, bad, we can still get it. Further, when we take into account that we are talking about misdemeanor crimes, it might be worth the gamble to push the case as far as possible before settling if necessary.

Is there a search issue? Let’s run a motion to suppress evidence. Is there a lying or heavy handed cop? Let’s run a Pitchess motion. Let’s generally try to do everything we possibly can to try and get the case dismissed or reduced. Let’s generally make it as difficult as possible for the prosecutor to secure a conviction. Maybe we can avoid a drug conviction. Maybe I can achieve my client’s goals without pleading guilty straight up to the charged crimes. Let’s try.

Then, if after exhausting all other options we are still not able to get the case dismissed or reduced, only then do we talk about pleading guilty and taking deferred entry of judgment. This is not to say that deferred entry of judgment is a bad thing for the defendant in a criminal case.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Did you know that nearly all traffic tickets can be overturned? In most cases it is easiest to simply pay the fine, especially when you know that you broke the law without question or dispute. However, if you feel you were wrongly charged, or are afraid that you may end up paying hundreds of dollars more in auto insurance premiums, then it just may be worthwhile to fight your ticket. This will take some time and effort on your part, but could end up being very rewarding in the end.

Never pay the fine on your traffic ticket until you have fought the traffic ticket to the full extent of the law. Once you pay the ticket you are admitting guilt and will no longer have a chance to fight it. If done correctly eight out of ten traffic tickets can be overturned.

If you plead guilty or no contest when you get a traffic ticket you are waiving your right to fight the traffic ticket in a court of law. Paying the fine related to your traffic ticket is also waiving your right to fight the ticket and it is equivalent to pleading guilty.

Once you receive the public court records regarding your traffic ticket you should check for the following situations. Make sure the information is not out of date. Make sure the proper information actually exists. Finally, make sure the information is accurate. If any of these situations do not exist then you should have no problem having your traffic ticket overturned. The amount of time it takes for the court to turn over the records has no bearing on the outcome of your traffic violation.

If you need to talk to someone in person regarding overturning a traffic ticket, then you need to contact the district attorney. You are not allowed to talk to the judge directly as this has to be done through specific channels. You can talk to your lawyer, but they too will have to speak with the district attorney. Doing so yourself will save you lawyer fees. Talking with the police officer that issue you your traffic ticket will only give them more information to support your traffic violation and can be used against you.

You can also contest your traffic violation through the postal mail. This has a high success rate, but very few people know about it. If you wish to go this route the technical term is called trial by declaration. All you need is a detailed well thought out defense. The police officer will have to submit a written rebuttal as well or the argument is one side and you ticket should be revoked.

If you must face court then you should definitely request a trial by jury. This is your constitutional right and the courts more often than not will simply overturn your ticket to save court costs and time. In rare cases, the court may honor your wishes and are you a trial by jury. If you lose then you may end up paying substantially more money in the end to cover the extra court costs. However, in the vast majority of cases the risks are very low and the rewards very high.

If you have questions about whether or not to contest a traffic ticket, perhaps you should consult with Alexander Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.