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.

If you watch crime shows on TV at all, you know that when the police arrest the bad guys,

police officers arresting male bandit near car

they usually read them their rights. What does that mean?

That means that what is commonly called the Miranda warning which include the following items:

•You have the right to remain silent.
•Anything you say can and will be used against you in a court of law.
•You have the right to an attorney.
•If you cannot afford an attorney, one will be appointed for you.

Ernesto Arturo Miranda (March 9, 1941 – January 31, 1976) was a laborer whose conviction on kidnapping, rape, and armed robbery charges based on his confession under police interrogation was set aside in the landmark U.S. Supreme Court case Miranda v. Arizona, which ruled that criminal suspects must be informed of their rights.

Even though Miranda warnings have been around for more than 50 years, people are still confused about when they are required to be read and what exactly the warnings cover.

Do they have to give you your Miranda Rights?

One of the many misconceptions perpetrated by television shows is that Miranda warnings are required before a police officer can arrest someone.  This is incorrect.  An officer can arrest you and charge you with a crime without ever reading you your Miranda warnings.  Miranda warnings are only required if a police officer is going to question you about a case and you are in custody.  Both of those requirements must be met, otherwise no warnings are required.

When am I considered in-custody for Miranda purposes?

For purposes of Miranda, someone is considered in-custody when someone’s freedom of movement is restricted.  This does not require an officer to place someone under arrest or even utter the words “You’re under arrest!”  However, being in-custody does not include preliminary investigations performed by police officers (i.e. being detained during a traffic stop).

What does interrogation mean?

As was previously noted, interrogation, or questioning regarding a case, is required to trigger Miranda protections.  Courts have ruled that questioning can include direct questions regarding an incident, or statements designed to illicit a response.  However, some statement or questioning is required from law enforcement before Miranda warnings are required.

What happens if Miranda has been violated?

Whether or not there has been a Miranda violation is determined by the court.  If the court determines that a violation occurred, the remedy in most circumstances is to suppress any statements made after the violation occurred.  Additionally, any evidence obtained solely as a result of the statements would be considered fruit of the poisonous tree and inadmissible.  In some cases, this means that the entire case could be thrown out.  In others, it simply weakens the State’s case.

Remaining silent and refusing to talk to police officers is always your best bet.  However, Miranda warning situations are extremely complex.  It is important to discuss your case with an experienced criminal defense attorney to ensure that your rights are protected

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 there was a swat team in my neighborhood last week, complete with the hoods and black outfits. They went in without knocking and the two residents were arrested. Checking with the people who love next door and nearby, apparently there were no incidences of young people visiting the location, so we assume that their activities were on line. Of course, we wondered how they got caught doing what they were doing. Could be Google had something to do with it. Google scans both emails and search requests on its site to detect and report child pornography.

Google’s online set of “program policies” for its Gmail service includes “a zero-tolerance policy against child sexual abuse imagery.”  That policy states: “If we become aware of such content, we will report it to the appropriate authorities and may take disciplinary action, including termination, against the Google accounts of those involved.”

Consistent with that policy, since 2008 Google has actively scanned images that pass through Gmail accounts to determine whether they match up with known child pornography.  More specifically, Google has been using “hashing” technology to tag known child sexual abuse images, allowing it to identify duplicate images in Gmail accounts or in search results, even if the images have been altered.  Each offending image effectively is assigned a unique ID Google’s computers can recognize without someone having to view them again. And, Google also incorporates encrypted “fingerprints” of child sexual abuse images into a cross-industry database. This technique enable companies, law enforcement and charities to better collaborate on detecting and removing these images, and to take action against anyone involved with producing or viewing the materials.

Currently there are more than 1.5 billion Gmail users world-wide.  When child pornography images or videos are sent through Google’s email service, they are identified by its automated systems. Federal law requires electronic communication providers like Google to report instances of suspected child abuse when they become aware of them.  Once detected, Google actively removes the materials from its services, including search and Gmail.

Google is not alone in its efforts to combat child pornography.  Microsoft also utilizes automated systems to detect child pornography hosted on its servers. In 2012, Microsoft made its PhotoDNA tool available to law enforcement.  That technology compiles a digital signature of each image, which can be matched against a database of known images of sexual abuse. Once as match is made, the information is provided to NCMEC for further investigation, referral to law enforcement, and possible prosecution.

Many child pornography cases are the result of a Google report of CSAM to the NCMEC.  If you have been arrested for possession and/or distribution of child pornography, you may have strong defenses to your charges based on, among others, the method of detection of your internet activities.  Child pornography cases carry significant penalties, including substantial prison time, high fines, extended periods of probation and registration as a sex offender.

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.

OK, so maybe you were driving and talking on your cell phone, and a police officer pulled up next to you. You probably wondered if you were in trouble. You may have wondered what the law specifies as far as driving and talking as well as driving and texting. According to

Florida
There are no prohibitions on use of cell phones.

However, according to the Tampa Bay Times, new legislation in in the works. With the 2019 legislative session still more than three months away, a second bill has emerged to toughen laws about the use of cell phones by drivers.

Rep. Emily Slosberg, a Boca Raton Democrat who is one of the Legislature’s most-outspoken members on highway-safety issues, filed a bill Monday that is dubbed the “Hands-Free Florida Law.” The proposal (HB 45) would bar drivers from using hand-held wireless phones to talk, though it would allow the use of “hands-free” devices.

Currently, texting while driving in Florida is prohibited, but it is enforced as a “secondary” office. That means motorists can only be cited if they are stopped for other infractions, such as running a stop sign or speeding.

Slosberg’s bill would make texting or talking on a handheld cell phone a “primary” offense, allowing police to pull over motorists for the offenses.

However, distracted driving is another issue. Distracted driving is anything that takes your hands off the wheel, your eyes off the road or mind off driving. It is extremely risky behavior that puts everyone on the road in danger. There are different kinds of driver distractions:

Visual

Taking your eyes off the road

Manual

Taking your hands off the wheel

Cognitive

Thinking about anything other than driving

Texting requires all three types of distraction, making it one of the most dangerous of distracted driving behaviors.  However, this is not the only cause of distracted driving.  Other common distractions include: tending to kids or passengers in the back seat, eating, watching an event outside of the vehicle, interacting with passengers, unsecured pets, putting on makeup or grooming, adjusting radio or climate controls, checking your GPS app or system and even daydreaming.

To successfully avoid a crash, a driver must perceive a hazard, react and give the vehicle time to stop. Driver perception distance, or the distance a vehicle travels from the time a driver sees a hazard until the brain recognizes it, and reaction distance, the distance a car will continue to travel after seeing a hazard until the driver physically hits the brakes, dramatically affects a vehicle’s stopping distance. Even a focused driver going 50 mph will travel nearly the length of a football field before coming to a complete stop.

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.

Someone I know has had a great deal of trouble with a child that is addicted to heroine. She recently decided to start buying the heroine for the person because she said it was “cheaper to buy the heroine than to keep bailing him out of jail”. So what problems could this sweet grandmother type senior citizen face for do this?

What is considered aiding and abetting?

A person charged with aiding and abetting or accessory is usually not present when the crime itself is committed, but he or she has knowledge of the crime before or after the fact, and may assist in its commission through advice, actions, or financial support.

Is aiding and abetting a felony or misdemeanor?

Punishment and Sentencing for Aiding and Abetting a Crime. If you aid and abet another person during the commission of a crime, you may also be referred to as “an accessory before the fact.” … Finally, “accessory after the fact” is a crime in itself, punishable as either a misdemeanor or as a felony.

How long do you go to jail for accessory?

Federal laws state that the penalties for an accessory to a felony are not to exceed half of the maximum prison time or fine that the principal receives. If the principal receives a death sentence, the accessory may be incarcerated for up to 15 years maximum.
The penalty for aiding and abetting (Complicity) under Ohio law is the same as the penalty for the principal offense. Aggravated Robbery under Ohio law is a First Degree Felony carrying a prison sentence of 3 to 10 years and a fine of up to $20,000.

Can you get charged with aiding and abetting?

Aiding and abetting is a serious crime, but there is a less severe charge you may face if you helped somebody else commit a crime. You could be considered an accessory after the fact as opposed to being charged for aiding and abetting.

What makes someone an accomplice?

Under the English common law, an accomplice is a person who actively participates in the commission of a crime, even if they take no part in the actual criminal offense. For example, in a bank robbery, the person who points the gun at the teller and asks for the money is guilty of armed robbery.

Therefore it would appear that our “enabling” grandma would be smart not to go along when the drugs are purchased. It would also appear that she should consider a little tough love and a rehap program instead.

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.