Extradition is an act where one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to their law enforcement. It is a cooperative law enforcement process between the two jurisdictions and depends on the arrangements made between them.

What is an example of extradition?

The term “extradition” refers to the sending back of a person to his home country or state upon the discovery that he has committed a crime. For example, extradition occurs when State A receives a request from State B to return an individual to State B so he can appear for trial.

What does it mean to waive extradition?

the surrender by one state or country of a person charged with a crime in another state or country. … The defendant may “waive extradition” and allow himself/herself to be taken into custody and returned to the state where charges are pending.

Can a person be extradited for a misdemeanor?

The Supreme Court of the United States has held that the Extradition Clause applies to felonies, misdemeanors and even to petty offenses. … In order for a person to be extradited interstate, 18 U.S.C. § 3182 requires: An executive authority demand to the state to which a fugitive from justice has fled.

Will the police come to my house for a misdemeanor warrant?

If a misdemeanor warrant is on you, can the cops enter your home when you do not answer if someone calls them on you? The simple answer is yes. If an officer has a warrant for your arrest, whether a misdemeanor or felony, they may enter your residence to search for you. … A warrant is a warrant.

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.

So you have been accused of theft. They have witnesses and

Robber wearing balaclava stealing valuable things

evidence. You may think there is no hope. Well, let’s talk about it. It is not necessarily as open and shut as someone accusing you of taking something and you having what they took. It is important that when someone accuses you of theft, you do not confess or try to give your alibi. Instead, you should speak with an attorney immediately to set up your consultation and go over the possible defenses for your case. There are always two sides to a story, and even if the person accusing you seems to have concrete evidence, know that when you are talking with a police officer anything you say can be used against you. Below, you will find out more information on the possible defenses of theft, but if you would like to speak with an attorney now about your case, please call a law office.

What is theft?

It is important to know what someone is accusing you of when they accuse you of theft. Legally, theft occurs when one person takes another person’s property without their permission with the intent of permanently taking that property away and never giving it back. Thus, when someone accuses you of theft, the two elements they will need to have in their claim are:
•You took their property.
•You intended to permanently deprive them of that property.

It is also important to note that the intent behind the theft is incredibly important. So, if you were in a shoe store and grabbed a pair of shoes, hid them, and intended on walking out the store with them but a security officer caught you before you left, it is still considered theft because of your intent to leave the store with them.

Possible Theft Defenses

When someone accuses you of theft, there are several possible defenses.
1.You Were Intoxicated. If someone is accusing you of theft and you were intoxicated at the time that this theft occurred, you can build a successful defense stating that you had no intent to steal an item and permanently deprive that person of the item. It could also be argued that when you were intoxicated you thought that item was yours. It is possible that this opens up a case for public intoxication, but you can still use it as a valid defense.
2.You Thought the Item Was Yours. This defense is not as simple as stating “I thought it was mine.” However, if you can provide valid evidence that you believed the item was yours, this may be a reasonable defense. For example, if you were at a restaurant and took a coat that was identical to one of yours, you may be able to prove that you believed it was yours through a receipt for the coat and pictures of you wearing it, among other evidence.

If someone has accused you of theft, one of the first things you should do is call an attorney.

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.

Most people don’t think about the fact that when they use their cell phone, it is not exactly private communication. If someone calls a friend to buy a little weed, do they think about the fact that this conversation could be monitored?

Then there’s the host of other data stored by your service provider that tracks where you’ve been and at what time and date. Your phone can even be activated to record you without your knowledge.  Police can monitor your conversations not only when you’re on the phone, but when it’s laying on a table between you and your friend.

That’s why if police ask them to come down to the station “just to talk,” don’t  bring your cell phone.  First, the police don’t ever want to “just talk,” they want to make an arrest.  Next, they’ll seize the cell phone and have easy entry into everything about the owner.  Calls might reveal ties to other suspects and a treasure trove of connections detailing where the suspect’s been over prior months. That could potentially kill any alibi.

Through cell tower triangulation, your service provider records where you’ve been at every given moment. Cell towers are everywhere. The more urban the area, the more towers.  Your cell phone pings from tower to tower as you drive or walk through neighborhoods, pinpointing to a degree determined by the spacing between towers, your location.  These records are kept by your provider and will be provided to police if they ask.

The legal question had been what form did the police “ask” have to take.  Could it be a simple request from law enforcement, or did it have to come in the form of a search warrant signed by a judge and based on a showing that probable cause existed to believe the person’s whose records were being sought was involved in criminal activity? This is the highest standard our law requires

To the surprise of many, the largely conservative Supreme Court decided last week in a 5-to-4 vote that a warrant was needed in order to obtain cell tower records.

In U.S. v. Carpenter, Chief Justice John Roberts wrote that cell phone privacy issues affect everyone, not just people suspected of crimes.

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 if you think that you have an outstanding warrant for you arrest? What do you think might happen? If you had a traffic ticket and you didn’t show up for your hearing, there could be a warrant out for your arrest. What if you are on probation and didn’t follow the terms of your probation? There could be a warrant out for your arrest. If you don’t deal with the situation, your arrest could have additional consequences that could be harmful – such as being arrested at your workplace.

If you are arrested, unless you are able to resolve the situation, for example by paying for your traffic ticket, you will need to post bond. You may have to stay in jail until you have a bond hearing. If you are unable to post the bond, you will need to hire a bail bondsman. The bail bondsman will charge you 10% of the amount of your bail, which you will not get back.

It is probably in your best interests to retain an attorney. The attorney will be able to determine the situation for you and may be able to save you the embarrassment of being arrested.

Ideally, you should hire an attorney as soon as you find out that a criminal investigation has begun. Your attorney can often provide favorable or exculpatory evidence to the investigating officer in an attempt to keep a warrant from being issued in the first place.

For any of these types of arrest warrants, you need an experienced criminal defense attorney to represent you at each stage of the case. We can help you decide on the best way to address the warrant and the underlying 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.

Going to court for DUI without a lawyer is not advised. You will need a lawyer for the best chances to win a case and avoid consequences, even for a first offense DUI. … Since unlike most other criminal charges, a plea bargain for this criminal offense is less likely today for a driving under the influence charge.

There is definitely no question about should you get a lawyer for a DUI or not. An expert DUI attorney is far more likely to save a driver’s license from getting suspended and get a DUI, DWI charge reduced or dismissed. Going to court for DUI without a lawyer is not advised. You will need a lawyer for the best chances to win a case and avoid consequences, even for a first offense DUI.

After a first-time DUI arrest, some drivers make the mistake assuming they don’t need an attorney for a first offense DUI charge. While fighting a DUI on your own is a driver’s constitutional right, getting a lawyer will be far likelier to get charges dropped or a case dismissed than trying to fight DUI charges by yourself. Some people also can wait too long on defense wondering can you get out of a DUI with a public defender or is it worth getting a lawyer for DUI?

If you want to keep your license and maintain your driving privileges after being charged with a driving under the influence offense, you must get proper legal help to dispute the charge successfully and know how to hire a good attorney near you. After an arrest review to analyze a driver’s own DUI situation, specialist DUI attorneys can often find alternatives to get out of DUI classes depending on the case details.

It is very common that most people charged with a first DUI, DWI offense – they never expected to be in this situation. Those individuals often wonder “should I get a lawyer for my first DUI?” Since unlike most other criminal charges, a plea bargain for this criminal offense is less likely today for a driving under the influence charge.

This is due to tough new laws resulting in the prosecution to be directed by their superiors to prosecute operating under the influence of alcohol or drug offenses to the fullest extent of the law. Therefore, when deciding is it worth getting a lawyer for a DUI – if a person expects to have any realistic chance of saving their driver’s license, they will need to hire a lawyer who is also experienced at taking drunk or drugged driving charge cases to trial.

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.

Working with a bail bondsman is serious. After using his services to post bail, you are required to pay him and make all scheduled court appearances. Failure to do so will be considered a breach of your contract with the bondsman and the agreement with the court. You may be rearrested or charged with a civil violation.

Your Agreement with the Bondsman

Anytime you request a bond, you enter into a contractual obligation with the bondsman. Bondsmen have a lot of freedom to structure the terms of the agreement. Most bondsmen will include a clause stating they can turn you over to authorities. They may also have additional terms that you must abide by.

Rearrest

If you fail to pay your bondsman, he has the right to revoke your bail. After your bail has been revoked, you will be arrested and sent back to jail. Bail bondsmen can legally make arrests themselves. Bail bondsmen are not government agents and do not need warrants to pursue or arrest fugitives. They can also send bounty hunters to seek defendants who may have fled the jurisdiction.

Will a Bail Bondsman Take Payments?

Many bail bonds companies these days offer other Bail Bonds Payment Plans options. such as wire transfer of funds, checks, credit cards, money order, etc. … Generally, bail bonds financing is really about settling that 10 percent service charge obligation.

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.

Cash Bail. If you paid cash bail to the court, meaning you paid the full bail amount, you will have that money returned to you after the defendant makes all required court appearances. … And if the defendant gets arrested again while out on bail, no refund will be given.

How long does it take to get your bail money back?In some cases, you may get your money back in as little as two weeks. However, it can easily take three times as long for a check cut by the court to reach you through the mail. If a refund takes any longer than six weeks, it’s time to call the court and do some follow-up work.

If you pay using your own money, you will get the full amount back no matter if you are guilty or innocent – the refund is based on you showing up to court. If you used a bail bondsman, you cannot get your 10% fee back no matter if you are guilty or not, or if you showed up to court.

Do You Still Have to Pay a Bondsman if Charges Are Dropped? No. However, if you paid the court the full bail amount and the charges are dropped or dismissed, then you are entitled to a refund. Each county court is different in the way they repay the amount you paid, but you will eventually get it back.

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.

Brendan Farrington, Associated Press Published 2:21 p.m. ET May 17, 2019

TALLAHASSEE, Fla. (AP) — Florida will become one of the last states to make texting while driving a primary traffic offense under a bill signed by Republican Gov. Ron DeSantis on Friday.

The new law will also ban the use of any handheld wireless communications devices in school and construction zones.

Under current law, officers can only cite drivers for texting if they are pulled over for another violation. The new law allows officers to stop motorists simply for texting alone. DeSantis signed the bill at a Sarasota high school.

“Studies have shown that texting while driving is one of the worst of all driving distractions and a recent study ranked Florida as the second worst state for distracted driving,” DeSantis said. “It’s my hope that by taking action to address distracted drivers today, that we will be able to make our roads safer and hopefully prevent some of these crashes that we’ve seen, injuries and, unfortunately, some of the deaths that we’ve seen.”

DeSantis said that in 2016, Florida had nearly 50,000 accidents caused by distracted driving resulting in 233 deaths.

“It is almost impossible to enforce texting while driving as a secondary offense,” said Manatee County Sheriff Rick Wells. “Making texting while driving a primary offense will allow law enforcement to enforce the law and to save a lot of lives.” A first offense will be punishable by a $30 fine, with a second costing $60. Court costs and fees also would apply, and points will be added to licenses. The law takes effect July 1, but only warnings will be given until January, when officers can begin writing citations.

The texting ban does not apply to a driver using a navigation device or system or to a driver whose vehicle is stationary.

Florida was among a handful of states that didn’t make texting while driving a primary offense, leaving South Dakota, Ohio, and Nebraska as the only states that make texting while driving a secondary offense. Missouri bans texting for drivers younger than 21. Montana has no ban on texting while driving.

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 hear a lot on TV about people getting a restraining order against another person if they are afraid of violence.

Do you have to have evidence to get a restraining order?

Getting a restraining order is similar to most other court processes. It involves filling out and filing some paperwork, going to a hearing, and then waiting for a judge to reach a decision. The key is proving to a judge that you need a restraining order. That judge is going to be looking for some specific facts.

For What Reasons Can You Get a Restraining Order?

•Physical Violence. The court may enter a restraining order when you can prove actual recent or threatened violence against you or your children such that you fear for your or their safety. …
•Psychological Abuse. …
•Depletion of Assets. …
•Patent and Trademark Infringement. …

Can you get a restraining order against someone harassing you?

If you’ve been harassed by a stranger or someone else in the community, you can take action against them under the Harassment Act 1997. You can apply to the District Court for a restraining order against the harasser, and in the most serious cases you can go to the police.

What do you have to do to get a restraining order?

Filing a Restraining Order

1.Obtain the proper forms. You need to visit the courthouse in your county. …
2.Get a lawyer involved. …
3.Complete the forms. …
4.Receive a court hearing. …
5.Serve the court order to the abuser. …
6.Attend the court hearing. …
7.Receive the judge’s decision

Can someone put a restraining order on you for no reason?

No. there must exist a genuine reason or credible threat from the person against whom the restraining order has to be requested from the judge. … There is usually an incident which alarms a person enough, that they feel they need a restraining order.

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.

This is a situation that people might not have thought about. Actual Possession of a Firearm by a Convicted Felon carries a minimum-mandatory prison sentence. Under Florida Statute 790.23, the crime of Possession of a Firearm by a Convicted Felon occurs when a convicted felon knowingly cares for, controls, possesses, or owns a firearm.

You have a conviction for a felony or serious misdemeanor.  Because of your criminal record, you cannot legally purchase or possess firearms. However, a significant other, a roommate, or a family member may want to exercise their Second Amendment rights. In many cases, they own a firearm to protect themselves and their residence. Yet, is it unlawful to live with this person when you are barred from gun ownership? Is the person you live with in danger of aiding and abetting the illegal possession of firearms?

First, take note that possession is not the same as ownership. What’s important in these cases is that the convicted felon is not in possession of the firearm. However, you can be guilty of constructive possession if the following are true:
•The felon knows that the firearm was in the home
•The person had the ability to maintain control over the firearm

A felon can be found in possession of a firearm without ever physically handling the gun. Some courts have found people guilty of being a felon in possession of a firearm for this reason. Therefore, if your spouse keeps a loaded gun in the nightstand, and you know it’s there, you can be charged with a crime.[1] Or, there was a case of an individual being found in constructive possession of a firearm when a gun was in the truck of a car he borrowed.[2]

Finally, the person who was a lawful gun owner can potentially be criminally liable. Whether a crime has been committed will depend on the circumstances and state law.

What Should I Do to Avoid Prosecution?

The safest option for felons and their housemates is to avoid having a gun in the house altogether.  Although every case is different, sometimes it’s not worth the risk of criminal charges. Hypothetically, precautions such as locking the gun in a safe – with the non-felon having the key – can be taken. However, some terms of release state that you cannot have a firearm in the residence at all. In most scenarios, a prosecutor could still argue that the felon exercised some sort of control over the gun. Since possession of a firearm can be actual or constructive, it’s usually a lose-lose situation.

If you have a conviction that prevents you from owning a gun, it’s best to consult an experienced attorney. Many ex-offenders can be eligible for firearm rights restoration, depending on the state. Take our updated eligibility test to see if you qualify for this, or one of our expungement services.

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.