To “expunge” is to “erase or remove completely.” In law, “expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal record.

The most important benefits of a criminal record expungement: Assistance with finding a job; Help with obtaining professional licenses; Assistance with joining professional organizations; Preventing the past conviction from being used to impeach your credibility in certain situations.

The following is from the Florida Department of Law Enforcement website:

The processing time to determine eligibility is typically 12 weeks from the date a completed application packet is received.  Extensive research is required to determine eligibility and several factors contribute to the processing time of an application packet.  Application packets are researched in the order received. FDLE does not expedite application packets.

The submission of an application for a Certificate of Eligibility is the first step in sealing or expunging a criminal history record.  A record does not receive relief until a certified court order has been received by FDLE from the court of proper jurisdiction.  For more information related to this process, please visit the frequently asked questions page.

Several types of relief to seal or expunge criminal history records are available. The types of sealing or expungement processes authorized by statute are listed below:

Administrative Expungement – an arrest (adult or juvenile) made contrary to law or by mistake may be expunged by applying to FDLE, in one of the ways provided in statute and rule.
(Per Section 943.0581, Florida Statutes, and Rule 11C-7.008, Florida Administrative Code)

Court-Ordered Sealing or Expungement – a person may apply to FDLE for a Certificate of Eligibility to Seal or Expunge his/her criminal history record. This is the required first step toward obtaining the court-ordered sealing or expungement of that record. Before issuing a Certificate of Eligibility, FDLE determines if the applicant is statutorily eligible to petition the court to have his/her Florida criminal history record sealed or expunged.
(Per Sections 943.059, and 943.0585, Florida Statutes, and Rules 11C-7.006 and 11C-7.007, Florida Administrative Code)

Juvenile Diversion Expungement – a person who has completed an authorized juvenile diversion program for a misdemeanor, may apply for a juvenile diversion expungement, as defined.
(Per Section 943.0582, Florida Statutes, and Rule 11C-7.009, Florida Administrative Code)

Lawful Self-Defense Expungement – a person may apply for a Lawful Self-Defense Certificate of Eligibility if the appropriate state attorney or statewide prosecutor certifies that the subject acted in lawful self-defense pursuant to the provisions related to justifiable use of force in Chapter 776, Florida Statutes, and the charge(s) were not filed on, or were dismissed by the state attorney or the court.
(Per Section 943.0578, Florida Statutes)

Human Trafficking Expungement – a person who is a victim of human trafficking (as defined in Sections 943.0583(1)(c) and 787.06, Florida Statutes) may petition for the expungement of a criminal history record resulting from the arrest or filing of charges for an offense committed or reported to have been committed as a part of the human trafficking scheme of which he/she was a victim.
(Per Section 943.0583, Florida Statutes)

Automatic Juvenile Expungement – the criminal history record of a minor maintained by FDLE will automatically be expunged (by operation of law) at the age of 21, or (if the minor was committed to a juvenile correctional facility or juvenile prison) age 26, provided certain conditions are satisfied (i.e., not having been charged with or convicted of a forcible felony as an adult or when treated as an adult). A list of charges designated as forcible felonies can be found in Section 776.08, Florida Statutes.
(Per Section 943.0515, Florida Statutes)

Early Juvenile Expungement – a person between the ages of 18 and 21 may, under certain conditions, apply to have their juvenile criminal history record expunged by FDLE. A person may apply to the appropriate prosecuting attorney to approve the expungement of his/her FDLE juvenile criminal history record if the subject has not been charged with or found to have committed any criminal offense (including the one that you are seeking to expunge) within the preceding 5 years.
(Per Section 943.0515(1)(b)2, Florida Statutes)

Automatic Sealing – the criminal history record maintained by FDLE will automatically be sealed (by operation of law) when the Clerk of the Court submits a qualifying certified disposition to FDLE, via electronic means. A list of qualifying dispositions can be found in Section 943.0595, Florida Statutes.  A list of disqualifying offenses can be found in Section 943.0595(2)(a),  Florida Statutes.

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.

We all watch a lot of cop shows on TV and we’ve heard a lot about Miranda rights. While it is true that you have the right to remain silent when being questioned by the police doesn’t mean that the police don’t have a right to question you. The best you can do in this situation is to just keep quiet and not answer any of the questions being posed by the police officers until you have legal representation present. Besides, evidence that’s obtained while an accused is in custody without an attorney present after one is requested is not admissible in court. Nevertheless, interrogators may still try to ask you questions, just in case you crack and say something that they might be able to use when convicting you later. It’s simple, if you don’t want to speak to the police, make a clear and unambiguous request for an attorney to be present during any questioning.

Another misconception is that the police can’t lie to you. That is not true also. If the police tell you that they have your fingerprints or DNA from a crime scene and therefore you should plea guilty, they may not have any evidence at all. You should keep this in mind. Talk to your attorney before you make any kind of plea.

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.

You can buy a Firestick from Amazon, and by following instructions on YouTube, you can access proprietary streaming content like HBO, Showtime and the NFL channel. You probably didn’t realize that it is illegal to do that.

The ever entertaining Brady Judd held a news conference last week where he announced that they had arrested 4 people for selling Firesticks that had been modified to do this. Based on consumer complaints received from shoppers at the International Market World Flea Market near Auburndale, Polk County Sheriff’s Office detectives began an investigation related to the sale of electronic devices marketed as a way to steal internet communications services.

https://www.youtube.com/watch?v=JLncBSR4Sy8

According to Sheriff Judd, if you use a Firestick in this manner, you are committing a misdemeanor, although enforcement would be highly unlikely, If you are selling these devices, it’s a felony, and if they weren’t charging sales tax, that adds a whole new area of problems.

Visibility was the key to their downfall. They were advertising openly at the flea market, and in one lady’s case, in her store. I suspect they never suspected they were committing a crime.

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.

Local authorities have advised us that there is a widely spread scam currently being operated in the area, primarily with older victims. The victim is told by the scammer that their loved one, typically a grandson or granddaughter, is in some sort of trouble, like an arrest for DUI or assault. The victim is told not to tell other family members of loved ones about the problem at the request of the grandchild.

The victims are being told to purchase bitcom coins or prepaid gift cards, which are to be sent to the scammer. We were told about one situation recently where an 88 year old woman sent $20,000 in cash by UPS to an address specified by the scammers. Fortunately in this case, UPS intercepted the shipment when the UPS driver became suspicious. Apparently the address was an abandoned building. The cash was returned to the victim.

Another scam being reported currently involves gift cards. Apparently the scammers scan the gift card information while the victim is buying the gift card in the store. Then the gift card balance is transferred by the scammer electronically.

If you have been accused of operating a scam to any other crime, call 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.

Domestic assault is an assault against a member of a family or a household, or a past or current dating partner. Such an assault involves intentionally, knowingly or recklessly causing bodily injury to that person; intentionally or knowingly threatening the person with imminent bodily injury—or intentionally or knowingly causing physical contact with the person when the offender knows or reasonably should know that the victim will find such contact provocative or offensive.

If the defendant has no previous domestic assault convictions, such a crime usually is a misdemeanor, with punishments in the neighborhood of up to 1 year in jail and a fine of up to $4,000. For a defendant with a previous domestic assault conviction, the crime of domestic assault is more serious, with punishments of maybe 2 to 10 years in prison and a fine of up to $10,000.

There are a couple of ways to avoid jail or prison for domestic assault. Chief among them are deferred prosecution and probation.

DEFERRED PROSECUTION
One alternative that’s often offered to first-time offenders is “deferred prosecution.” This may be granted when the defendant pleads guilty and the court postpones sentencing for a period of time.

During that time the defendant must comply with probation orders, must have no new arrests and must complete such requirements as finishing domestic violence offender treatment, doing volunteer work in the community or paying restitution.

Restitution involves paying a victim for any costs caused by the crime, such as medical or counseling expenses or the costs to repair or replace property which was damaged in the crime.

When those things are done successfully, the court can dismiss the case and discharge the defendant. However, the arrest, the deferred prosecution and the dismissal will remain on the defendant’s criminal record.

Failure to do these things means the court can enter a conviction and impose a sentence from among those noted above.

Deferred prosecution is not available as a sentencing alternative when the crime is aggravated domestic assault, which can be a first- or second-degree felony, or continuous violence against the family, which is a third-degree felony.

PROBATION
Another alternative to jail or prison when it comes to the crime of domestic assault is probation.

When a defendant pleads guilty or is convicted, the court can grant community supervision instead of imposing a jail or prison sentence. This can be for up to 2 years for a misdemeanor and up to 10 years for a felony.

The court may require a defendant to serve some jail or prison time before starting community supervision. Usually, that is 180 days for a felony and 30 days for a misdemeanor. Then, the community supervision or probation period begins.

If the defendant fails to comply with the community supervision conditions imposed by the court, he or she must return to jail or prison to complete the sentence.

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.

It’s hard to imagine that the criminals may not have to worry about selling heroine, but

they have to watch out for giving grandma some cranberries. With the virus statistics spiking and getting out of hand, many local governments are seeing to make regulations based on preventing the spread of the virus. That includes limiting the number of people allowed at your thanksgiving dinner table. However, the good news is in. The police in New York have better things to do than bust grandma for eating a candied yam.

According to Newser.com :

If you’re a New Yorker who is worried that your Thanksgiving head count could get you in trouble, a number of sheriffs are suggesting you be more concerned about getting the lumps out of your gravy. While the state is currently under an executive order issued by Gov. Andrew Cuomo that limits indoor and outdoor gatherings at family homes to 10 guests to hinder the spread of COVID, sheriffs in counties including Rensselaer, Erie, and Saratoga are coming out to publicly say they have no plans to count cars in driveways or do any other form of enforcing, with the New York Times quoting one upstate sheriff as saying his office would never muck with “the great tradition of Thanksgiving dinner.” Another announced that going home to home “to see how many Turkey or Tofu eaters are present is not a priority.” Officials in New York City expressed they had better things to do, too.

Sheriff Richard Giardino of Fulton County, northwest of Albany, stated on Facebook that residents don’t even need to try to hide their violation of the order: “Monitoring family dinners [isn’t] our priority. Don’t feel a need to hide cars, cover with leaves or walk 3 blocks so your house doesn’t become a target of the Governors EO,” he wrote. The same doesn’t appear to be true on Long Island, where the Suffolk County PD said they were ramping up holiday staffing so that they could respond to complaints that are called in.

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.

Many people are truly careless with the information that they put on social media. Obviously burglars might find an opportunity if you way you are going away for a while. If you mention heavy drinking and implied drug use, this could affect a job application and even credit applications. When in doubt, leave it out.

Social Media Companies May No Longer Refuse to Turn Over Relevant Information to Those Facing Criminal Charges. In August 2020, the California Supreme Court sent a case for attempted murder back to the trial court to provide the accused a new trial. The high court did so because they did not believe that social media companies like Facebook and Twitter should always be able to refuse to comply with subpoenas in criminal cases.

Facebook, as it has in a high number of other cases, maintained that the Stored Communications Act bars it from having to disclose the private content of its users’ accounts in response to a criminal subpoena. Facebook claims it is protected under the 1986 law as an entity providing “computer processing services.”

For many years persons accused of crimes were likely convicted of crimes because relevant evidence that could have led to their exoneration was withheld from them. This was because social media giants like Facebook and Twitter would refuse to comply with lawful subpoenas issued by criminal defense law firms like. More often than not they would ignore subpoenas from criminal defense lawyers fighting hard for their clients. The courts would offer no help to those persons facing many years in prison if they were convicted of these crimes.

Recently it has come into question whether social media companies are actually protected due to their business models. Facebook’s protection under the SCA has been called into question because its users are authorized to access communications for purposes other than storage or computer processing. The California Supreme Court in the pointed out Facebook’s policy on mining, analyzing and sharing information.

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.

What is cash bail?

Most jurisdictions in the country operate a cash bail system, in which the court determines an amount of money that a person has to pay in order to secure their release from detention. The cash amount serves as collateral to ensure that the defendant appears in court for their trial.

Cash bail is used as a guarantee that a defendant will return for a trial or hearings. The money is returned after they make all necessary court appearances, otherwise the bail is forfeited to the government.

What is a bail bondsman?

Bail bondsmen, also called bail bond agents, provide written agreements to criminal courts to pay the bail in full if the defendants whose appearances they guarantee fail to appear on their trial dates.

Usually the bail bond money is refundable, but very often it depends on the person who is arrested. When the bail is posted, it means the person can move out freely, by paying the desired amount to the court. The amount will be refunded provided the suspect visits the court whenever he is asked to attend the court.

In Florida, it is common for the bail bondsman to charge a fee of 10% of the total assigned bail. After the bail bondsman posts the bail, the arrestee is released from jail.

The fee that the bail bondsman charges is non refundable.

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.

The right of felons to vote has become a political football lately. In Florida, felons can vote. Recently, the Republican controlled legislature passed a law stating that felons can’t vote unless they fulfill all aspects of their sentence including probation. A recent ruling declared that must include all restitution and court fines and fees. This ruling is being contested in the courts, and we will hear a lot more about that in the future.

Recently, former New York mayor Michael Bloomberg raised some $16 million for a fund established by the Florida Rights Restoration Coalition to help felons who have completed their sentences vote in the upcoming election. He is using that money to pay the outstanding fines and restitution for Florida felons. Most people assume that he is doing that because he assumes that the felons will vote for the democratic candidates in the next election. This is a real benefit for the felons themselves and the local court systems who will experience an influx of cash.

Florida’s attorney general is asking law enforcement agencies to open an investigation of a contribution made by billionaire and former New York City Mayor Mike Bloomberg to help pay the fines and court fees of felons.

The Bloomberg donation spurred a reaction from U.S. Rep. Matt Gaetz, R-Fla., an outspoken Trump ally. On Fox News this week, Gaetz called on Florida’s attorney general to investigate whether Bloomberg was violating state law.

This is really getting interesting.

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.

Unfortunately, particularly when there is alcohol involved, you may find yourself on the wrong end of a domestic violence charge.  You may not know it, but is widely believed that the majority of domestic violence charges are false. You should not take this lightly. Do not assume that your accuser will come to their senses and this all will go away. This matter might show up in a Google search for years to come, and could affect you adversely in a job application or a business deal. There are defenses that you can make against a domestic violence charge.

The Allegations Against You are False
Again, many domestic violence arrests result from false allegations. When the police respond to a report of domestic violence, in most cases, they have an obligation to make an arrest in order to protect the claimed victim. This sets off a whole sequence of events, and it can quickly seem as though you are being treated as guilty until proven innocent.

How do you prove that domestic violence allegations are false? Depending on the circumstances, there are a number of different possibilities. Witnesses may be able to testify as to what really happened, you may be able to present an alibi, or the claimed victim may even admit to fabricating his or her accusations in a text message or on social media. When you hire a criminal defense lawyer to represent you, your lawyer will examine all potential sources of evidence in order to determine if it is possible to disprove the allegations against you.

You Acted in Self-Defense or in Defense of a Family Member
Acting in self-defense or in defense of a family member is a defense to domestic violence. These are what are known as “justification” defenses, which means that you can be found not-guilty even if you did in fact physically attack a family or household member. If you acted to save yourself or someone else (i.e. a child) who was at risk for suffering serious or fatal injuries as a result of abuse, then you are not guilty of a crime. These defenses frequently apply in domestic violence cases, and your attorney can determine if they are available under the facts of your particular case.

You Did Not Commit “Abuse” as Defined By Law
Domestic violence statutes use the term “abuse” to describe the types of conduct that can lead to criminal charges. Examples include:

“Attempting to cause . . . bodily injury.”
“[I]ntentionally, knowingly or recklessly causing bodily injury.”
“Placing another in reasonable fear of imminent serious bodily injury.”
“The infliction of false imprisonment.”
“Knowingly engaging in a course of conduct . . . under circumstances which place the [victim] in reasonable fear of bodily injury.”
In order to convict you, the prosecutor’s office must be able to prove that you committed one of the above forms of abuse. If you accidentally hurt a member of your family or household, then you are not guilty of “intentionally, knowingly, or recklessly causing bodily injury.” If the claimed victim’s fear of imminent serious bodily injury was unreasonable, then you did not commit a crime. These are just two examples of the many factual issues that can justify a not-guilty verdict at trial.

The Police Violated Your Constitutional Rights
While there are special rules that apply when the police respond to a report of domestic violence, the police still have a duty to observe alleged assailants’ constitutional rights. If the police violate your constitutional rights (i.e. by arresting you without probable cause or interrogating you in custody without reading the Miranda warning), then this can provide a defense in your domestic violence case.

When reviewing your case, your attorney will be able to determine if you have grounds to file a motion to suppress the prosecution’s evidence against you. If so, and if the motion is successful, then this may prevent the prosecutor’s office from being able to prove your guilt beyond a reasonable doubt.

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.