A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process.

Grounds for issuance of search warrant.—Upon proper affidavits being made, a search warrant may be issued under the provisions of this chapter upon any of the following grounds:

(1) When the property shall have been stolen or embezzled in violation of law;
(2) When any property shall have been used:
(a) As a means to commit any crime;
(b) In connection with gambling, gambling implements and appliances; or
(c) In violation of s. 847.011 or other laws in reference to obscene prints and literature;
(3) When any property constitutes evidence relevant to proving that a felony has been committed;
(4) When any property is being held or possessed:
(a) In violation of any of the laws prohibiting the manufacture, sale, and transportation of intoxicating liquors;
(b) In violation of the fish and game laws;
(c) In violation of the laws relative to food and drug; or
(d) In violation of the laws relative to citrus disease pursuant to s. 581.184; or
(5) When the laws in relation to cruelty to animals, as provided in chapter 828, have been or are violated in any particular building or place.

You have a right to protect your property from unreasonable police procedures. If you or someone you know is about to undergo a search and seizure, contact Alex 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.

If you are in jail, you should appear before a judge within 24 hours of your arrest. The judge will first advise you of the charge(s) for which you have been arrested. The judge then will decide if the police had sufficient legal reasons- called probable cause – to arrest you. You should not talk about the facts of your case at this hearing. The law requires the judge to make this decision based solely on the paperwork before him. Absolutely nothing you say about the facts of your case will assist you at this hearing.

After the judge has decided if there was probable cause to arrest you, he or she will ask you if you wish to be represented by an attorney and, if so, whether you intend to hire private counsel. If you are financially unable to hire your own lawyer, you will need to complete an application form which includes a financial affidavit. The court will also charge you a $50 application fee. The judge will then decide if you qualify for the services of the Public Defender’s Office.

The State Attorney’s office has the sole discretion whether to file formal charges against you. Even if witnesses don’t want to testify against you or want to “drop the charges,” the State Attorney may still charge you. The law of the State of Florida gives the State Attorney this type of discretion. The State Attorney also has subpoena power to make witnesses come to court. If a witness who has been served a subpoena fails to appear, they can be held in contempt of court and fined or sentenced to jail.

If you are in jail, the prosecutor has 33 days from the date you are arrested to file formal charges against you. If formal charges are not filed within 33 days, the court, on the 33rd day and with notice to the State Attorney, may order you released on your own recognizance. The State may petition the court for an extension of time to file formal charges if they can show good cause for doing so. The extension can be for no more than 40 days from the date of your arrest.

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.