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.

If you watch the local news, it seems that hit and run crimes are becoming more common. it seems like people panic and leave the scene, where if they just stop and face the situation, things would be a lot easier for them. However, what constitutes the legal definition of a crime?

LEAVING THE SCENE OF AN ACCIDENT

To prove the crime of leaving the scene of an accident the state must prove:
1.Defendant was the driver of a vehicle involved in an accident resulting in property damage, (usually means over $100.00) injury (or death) to any person.
2.Defendant knew, or should have known, that he/she was involved in an accident.
3.Defendant knew or should have known, of the damage, injury or death.
4.Defendant willfully failed to stop at the scene of the accident, or as close to the accident as possible, and remain there until he/she had given identifying information to the other driver, injured person, or police.
5.Defendant willfully failed to render reasonable assistance to the inured. This means not taking steps to aid the person or minimize the amount of damage.

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 infraction violations must be paid within 30 calendar days from the date the ticket was issued. Please read your citation for instructions to pay, attend a court hearing or other options or requirements.

If a ticket is not paid within 30 calendar days from the date of issuance, a suspension will be entered against your driver license, which could affect your insurance rates and will subject you to additional penalties.

If you receive a letter from the State of Florida Department of Highway Safety and Motor Vehicles (Florida DHSMV) informing you that your license will be suspended, you must comply on or before the business day prior (before) the date stated on the letter. The suspension date listed on the letter goes into effect at midnight on that date. Therefore, if you come in on the that date, you will be late and your license will already be suspended.

Tickets must be satisfied in the county in which they were issued. For example, if you received a traffic ticket in Tampa, Florida, you must pay for it in Hillsborough County. You may not pay for it in Pinellas County.

In Pinellas County, the Clerk’s 24-hour Automated Payment and Information Line, (727) 464-4846, will provide information about your traffic ticket including the amount of the civil penalty due, the options available to you to satisfy the charge, the due date, the status of the ticket and other general information. Using your VISA, Mastercard, American Express or Discover, you may also make a payment for any non-criminal, non-delinquent (within 30 days of issuance) ticket. Please have your copy of the ticket with you when you place the call. You will be charged a 3.5% convenience fee by the credit card processor for this service.

Deputy clerks cannot advise you on the number of points assessed against your driver history record or on how points will affect your insurance or how many times you have elected school. You must address these concerns with the Bureau of Driver Licenses and/or your insurance agent.

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 arrested for a crime, the first decision that you have to make is who is going to be your attorney. If you have no resources, you may not have a choice but to have the court appoint you a public defender. But if you have some resources, you may wonder whether it is worth it to incur the expense of a private attorney. Perhaps we should consider the factors involved in this decision.

Court-appointed defender

The court appoints a public defender at no cost. But since the court appoints the lawyer, the defendant has no choice on who is picked for the job. If the public defender proves to be unsatisfactory, it may be difficult for a defendant to get a different court-appointed lawyer.

Such public defenders are employees of the government, and they tend to earn less than private attorneys.

Heavy caseloads

Also, since many people are unable to afford hiring a private lawyer of their own choice for their defense, private defenders also tend to have many, many clients and heavy caseloads. The U.S. Department of Justice estimates that 60 to 90 percent of defendants can’t afford to hire their own attorney and must instead have a court-appointed public defender.

Because of these factors, public defenders may have little time to meet with a defendant and prepare their client’s case. Indeed, as you may have seen on many lawyer TV series and movies, a public defender may have mere minutes to meet a defendant before demanding that the defendant choose a plea of guilty, not guilty or no contest.

Overworked

Being overworked by handling perhaps dozens of cases at a time, a public defender also may be more prone to making mistakes — mistakes which could cost a defendant dearly when he or she comes to trial.

Also, having a heavy caseload sometimes means a public defender is more likely to recommend a plea bargain agreement, also known as a “plea deal.” That avoids a trial by having the defendant plead guilty before a trial in exchange for certain considerations, such as a reduced sentence.

But plea bargains are not always a “bargain” for defendants.

Also, by trying to “plead out” as many cases as possible in order to ease their own caseload, public defenders may fail to take advantage of well-considered legal strategies to reduce a charge or even to get a charge dismissed before trial, or to reduce punishment after a guilty plea. A quick plea deal may mean the public defender’s caseload is reduced, but that could be at the expense of the defendant, who may wind up in jail.

Underpaid

How much are public defenders overworked and underfunded?

A lot.

The Bureau of Justice Statistics reports that public defenders handle as many as 590 cases in one year. But the American Bar Association recommends that defense attorneys handle no more than 150 felony cases in one year.

Fordham University also reports that public defenders earn only about one-third what private attorneys make. Because public defenders tend to get lower wages, that also means there are fewer attorneys in this line of work, which leaves a heavier caseload for those who are public defenders.

Why Hire a Private Defense Attorney

While many public defenders are dedicated public servants, they are simply spread too thin to do the job that a private lawyer can do. Indeed, hiring a private attorney can have great advantages.

For instance, a defendant can choose his or her own private attorney, based on the attorney’s success record and other factors. Such a private lawyer will require a fee, unlike a court-appointed public defender, but that fee may be all that stands between freedom and jail time when a top-notch defense lawyer is needed.

Unlike public defenders, private lawyers tend to have a more focused caseload and have more time to spend with each client. This helps them to gain information and build an effective defense, while pinpointing flaws in the case of prosecutors — flaws which could enable a private lawyer to get a charge reduced or even dismissed, with no need for a trial.

A private lawyer also should have more legal resources to protect a defendant’s rights. He or she may engage an expert witness to testify in support of the defendant, or get a private lab to test the evidence.

A private defense lawyer also may have the means to track down security camera footage to prove a client’s innocence. And a private attorney is also likely to have paralegals and others on staff to assist in handling a case and protecting a defendant’s legal rights.

You also may find it far easier to contact your private attorney than a public defender, whose abilities are spread thinly over a wide array of cases, with little time to process them.

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.