Do you associate with people that you suspect sometimes use drugs. Do you sometimes wonder if they are carrying drugs on their person when they ride in your car? Do you wonder what would happen if you are stopped for a routine traffic stop? Can you be charged for possession of drugs, even if you didn’t even know about them? The answer is yes.

But, more routinely it happens this way. The police stop a car, you are the passenger and drugs are found in the car and they are within your reach if you knew that they were there, so they might be in a center console or in a side pocket. They can charge you with joint possession because in Florida, you can possess something by having actual control or possession of it on your person or you can have constructive possession, which says that if you are in a place that has easy access to the contraband, you constructively possess it even though it is not actual possession.

Either possession counts the same under the law if you are convicted. But the police or the prosecutor has to prove that you knew that the drugs were there and that you knew that they were illegal. If it is not your car and even though you might be in a position to find it or grab it, it does not absolutely mean that you knew it was where it was, so that you would not necessarily be convicted of that joint constructive possession. I had a case one time where there was a car stopped with four people in it and the drugs were under the driver’s seat and my client was the passenger behind the driver, so they charged him with constructive possession and we argued to the jury that he was just getting a ride, it was not his car, he had no knowledge of it and there was no proof to suggest that he, in any way, had anything to do with the placing of the drugs there.

Being charged and being convicted are two separate things. So you can always get charged because that is the discretion or the whim of the police or the prosecutor but being convicted and being proved guilty beyond a reasonable doubt gives you a chance.

How Are Home Searches Handled In Court?

Our constitution holds our right to privacy dearly. We should be secure in our homes, the police have to get over a much higher hurdle when trying to conduct a home search. Most times they need a warrant that is signed by a judge and is based upon probable cause that shows verification of the claims that are made in the police officer’s affidavit. The exceptions to the warrant requirement for a home basically fall into two categories. There are more but these are the ones that are common. If the police are in hot pursuit of an individual they believe committed a crime and that person is able to elude them and run into a home, the police see that, the police are not required to just stop at the doorway when they are in hot pursuit.

It is one example of an exception. Another typical one is if they are in the vicinity of someone’s home and they observe a crime being committed in their presence that can also give rise to an exception to the warrant requirement. If they are walking by someone’s house and the windows are open and they see them smoking crack or see someone strike someone like the domestic violence thing, they are not required to turn their heads away and ignore it and run to a judge and ask for a warrant, they can act on that immediately. That is another typical exception to the warrant requirement of going into the home.

Can A Visitor Be Charged If Drugs Are Found In Someone Else’s House?

Yes, but the visitor in the home like the passenger car has no standing to complain about the search. It is the homeowner, car owner or whoever is in charge of the car right to complain about the search. So, the passenger or the visitor can rely upon the homeowner’s right to challenge it but they do not have an independent right to challenge it because it is not their home. Let us assume the officer goes into someone’s home on a valid warrant and they find drugs in the bathroom. Well, potentially everybody in the house could be charged with joint constructive possession because they all have access and if it is open and obvious sitting out that inference can be made as opposed to finding drugs in someone’s personal bedroom that they only use in their closet or in their drawer that would not lend itself to a joint possession.

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 have been accused of theft, there are a lot of factors to consider. It is not always an open and shut situation like you might thing. There are rules of evidence and many things to consider.  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.

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.

Do you ever drive through school zones or construction zones? If so, you better be aware of the new law. The law allows drivers to talk on handheld devices, but starting Oct. 1, it will be illegal to use a handheld device in a school zone or construction zone while workers are present. It will still be legal to use hands-free technology such as Bluetooth under these conditions.

How much texting while driving is still allowed?

None. You cannot text while driving. You cannot email while driving. You cannot do anything that involves “manually typing or entering multiple letters, numbers, symbols or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication,” to quote the law. That includes not just texting, but also email, instant message, anything covered by the definition.

Can I text while stopped at a red light?

If you must. Per the law, “a motor vehicle that is stationary is not being operated and is not subject to the prohibition.” So, you can theoretically text at a stop light or while stuck in traffic. But if you try to finish that text as you start moving, you’re breaking the law.

Can I still use Google maps or other navigation apps?

Yes. The law includes exceptions for vehicle navigation, as well as data that is read by the vehicle, radio broadcasts and safety-related information such as weather and emergency alerts.

Can I still talk on the phone?

Yes — for the most part. The law allows drivers to talk on handheld devices, but starting Oct. 1, it will be illegal to use a handheld device in a school zone or construction zone while workers are present. It will still be legal to use hands-free technology such as Bluetooth under these conditions.

How much is the fine for violating the law?

$30 and a point off your license the first time. $60 and three points if you’re caught again within five years.

Can police take my phone to check if I’ve been texting?

No. The law specifically prohibits police who pull drivers over for texting from taking their phones without a warrant. It also prevents police from holding onto a driver’s phone while waiting for a warrant. Additionally, it bans police from tricking or coercing drivers into handing over their phones. And police have to inform drivers that they can decline a search. As the law states, consent for a police officer to search a phone must be “voluntary and unequivocal.”

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.

Medical marijuana is legal now in Florida. Should police still be allowed to stop and search people based on the odor of marijuana when marijuana is not necessarily illegal depending on who has it?

In a recent case near Jacksonville, Florida, police officers stopped a vehicle at night for a headlight violation. They approached the vehicle and smelled burnt marijuana. They searched the vehicle and arrested the suspect for possession of cannabis. The criminal defense lawyer filed a motion to suppress the evidence of marijuana arguing that the police unlawfully searched the vehicle because the odor of marijuana does not necessarily indicate illegal activity.

The court rejected the criminal defense attorney’s argument for several reasons. At the time, marijuana flower was not yet legal. That has changed. More importantly, the odor of burnt marijuana might indicate the driver was smoking while driving which would be a sufficient indication of a crime to move forward. The court also noted that marijuana possession is still illegal under federal law, although local police officers obviously do not initiate federal criminal cases for possession of marijuana.  Finally, and this would seem to affect any case where the police officer claims to smell marijuana, the court held that the odor of marijuana is still sufficient probable cause to search regardless of the medical marijuana law. If there is a fair probability that someone is committing a crime, the police can investigate further. In this case, there is a fair probability that someone with marijuana is not a medical marijuana card holder.

The bottom line appears to be that the police can still use the odor of marijuana as a way to search people and property. When cannabis is fully legalized in Florida, possibly in 2020, this issue will be revisited. Our advice is to avoid driving if you or your car is going to smell like marijuana. Otherwise, if a police officer indicates he is going to search you or your property based on the odor of marijuana and you have a medical marijuana card, record the encounter and let the officer know as soon as possible. Disclosing your legal status to the police officer may be sufficient to eliminate the officer’s probable cause and any basis for a search.

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.

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.