Under Section 322.34, Florida Statutes, a first offense for driving with a suspended license (with knowledge of the suspension, revocation, or cancellation) can result in 60 days jail and a fine of up to $500.00. A second offense may be charged as a first degree misdemeanor, which carries a maximum penalty of 1 year in jail. A third offense in Florida may result in felony charges, with up to 5 years in prison and maximum fine of $5,000.

If this third offense and two previous offenses occur within a five year period, you will be labeled by the Department of Highway Safety and Motor Vehicles (Department of Motor Vehicles) as a Habitual Traffic Offender. Habitual Traffic Offender (HTO) status results in a five-year driver’s license revocation. A person classified as a Habitual Traffic Offender cannot even obtain a hardship license until a full year has elapsed from their most recent conviction.

Reasons for a License Suspension

There are a number of reasons for the Department of Highway Safety and Motor Vehicles to suspend a Florida driver’s license. Common examples can include the following:
.Points suspensions;
.Child support delinquency;
.DUI arrest or conviction;
.Habitual Traffic Offender classification;
.Failure to pay fines, court judgments, or court costs;
.Failure to appear in court;
.Failure to maintain continuous insurance;
.Drug-related convictions;
.Plea to a racing on highways charge;
.DUI Refusal.

An experienced criminal defense lawyer is an invaluable resource for explaining the reasons for the suspension or revocation and opening options to have the suspension / revocation lifted. If your Florida license is suspended, call us today to find out why.

Defenses to Driving With Suspended License

There are many defenses and strategies available to defeat a suspended license charge or to minimize potential penalties. Common examples include:
.Legal challenges to the validity of the traffic stop;
.The accused was not driving;
.The accused did not know of the suspension, cancellation, or revocation;
.The accused was not driving on a public highway. For additional information on this topic, see our sample Motion to Dismiss Suspended License Charge web page;
.The vehicle is not a “motor vehicle” for purposes of the driver’s license statute;
.The accused Florida driver’s license had been reinstated or adequate reason existed to believe it had been reinstated;
.Vacating prior Driving with Suspended License convictions so as to secure the State’s agreement to amend the charge to No Valid Driver’s License.

Where there are no viable defenses available, we seek to negotiate with the prosecution to have the charge amended to No Valid Florida Driver’s License or, in some cases, to a civil citation (failure to display). This most often occurs in cases where there is a minimal driving record, or where the individual obtains a valid Florida driver’s license prior to entering a plea or going to trial.

An amendment of the charge dramatically lessens the penalties and driver’s license consequences a person would have faced had he or she been convicted of driving with a suspended license. Where amendment is not a possibility, we seek to minimize the penalties so as to avoid jail, probation, and debilitating fines.

If you have been accused of driving on a suspended, canceled, or revoked license, you may have defenses available to contest the charge or to minimize potential penalties. Contact Alex Truluck today for a consultation.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

The following from CBS News Nov 8, 2017.

Police surprise drivers with turkeys instead of tickets for minor traffic violations.

“Oh, you guys! Thank you,” another driver chuckled as Sanderson handed her a frozen bird.

“Is that okay with you?” he asked.

“Yeah, you guys are sweethearts,” she said as she put away her wallet.

The turkeys were donated by Steve Gountanis, a local business man, who asked traffic enforcement officers to distribute them ahead of Thanksgiving.

“It’s just one more way to give back,” Sanders told CBS affiliate KTVQ.

Sanders said he was more than happy to spend his afternoon on this unique patrol. He enjoyed getting to interact with the public in such a positive light.

“You don’t get to see the amount of traffic stops that we make, or the DUIs that we stop from hitting people, or the drugs that we take off the streets,” Sanders said. “So to have that tangible thing you’re able to see and know that you’re making a difference, even if it is just a turkey, in someone’s life is kind of nice.”

The police department shared the uplifting story on their Facebook page, and received dozens of comments praising them for their good dead.

“What a fabulous gesture,” one Facebook user commented.

If the police were not so nice to you and you were arrested, call Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

When you think about consequences for drinking, you usually think about drinking and driving an automobile. We may not consider drinking and driving a boat. But we need to be equally cautious about driving a boat.

The dangers of driving while drunk take different forms. It may lead to bodily harm for the drunk individual or someone else; or destruction of property; losing your driver’s license; or worse, being slapped with a DUI charge. For purpose of clarity, DUI is the acronym for ‘Driving Under the Influence.’ A related term is DWI, short for ‘Driving While Impaired,’ which depending on the jurisdiction may either be a synonym of DUI or have a different meaning. In this article, the goal is to find out if DUI or DWI, regardless of its name, also applies to boating.

Both state and federal laws frown on boating while intoxicated. However, state laws have different consequences for mixing boating and alcohol use. As expected, the consequences of boating under the influence are stiffer in states where boating is common (check out Florida’s statutes). Regardless, as is the case with driving under the influence of alcohol: Boating while drunk is unlawful, and could lead to an arrest.

Implications

A DUI or DWI often leads the appropriate authority to withdraw your driver’s license and associated driving privileges. However, in general, if the authorities stopped you for boating under the influence, you would not lose your driver’s license. The reason is that the regulations for and authorities that regulate boating and driving are different. In most cases, you do not require a license before you can legally engage in boating. Therefore, sending information about you boating under the influence to the relevant desk that would result in an automatic suspension of your driving privileges is far from being a simple process. Often times, the authority regulating driver’s licenses in your jurisdiction may not be privy to boating violations. It may or may not affect your driver’s license, depending on the jurisdiction.

Breathalyzed on a Boat

Since it has been established that you may be arrested or cited for boating under the influence, it follows to consider how authorities would find out if you are intoxicated. The common tool used to verify if a driver is intoxicated is the breathalyzer. Authorities may also use the breathalyzer to verify if the operator of a boat is intoxicated. Certainly, you may refuse to be breathalyzed. However, this has a caveat. If you refuse to blow, your case may be forwarded to the U.S. Coast Guard for review. That is not all to it though. You may also have to pay a fine of between $1000 and $5000. The fine has the backing of federal law and is imposed on individuals who refuse to comply with the request for a breathalyzer test. Here is where things get serious. If the individual levied with the fine refuses to pay in a timely manner, then the Coast Guard may seize the vessel in which you carried out the act of drunken boating.

Legal Help

It is important not to dismiss being charged with boating under the influence, simply because it has no effect on your license. Rather, you should contact a criminal attorney, preferably on with knowledge of maritime laws. In addition, drivers accused of DUI or DWI also need the services of an attorney, especially for plea-bargaining. Prosecutors often avoid going toe-in with a formidable defense attorney to avoid squandering scarce resources. Instead, they offer lenient sentences. In the event of a trial, a talented DUI lawyer will be better able to make a case for “reasonable doubt” by picking holes in the prosecutor’s 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.

Parole is serious business. Did you ever wonder what would happen if someone violated their parole? Penalties can include: Arrest Warrant: When a parolee is alleged to have violated a condition of release, a warrant may be issued for their arrest. Revocation: If the parole hearing is lost, parole is typically immediately revoked, and the remainder of the original prison sentence must be served.

After being released from prison, there is a generally a period of re-integration known as parole. During the parole period, the parolee is required to comply with certain terms and conditions. Since the parole period is a test to determine if the paroled individual was ready to re-enter society, failure to comply with these terms and conditions can have serious consequences. What those consequences are depends upon the type of violation that occurs and the decision of the parole officer and parole board.

Common Conditions of Parole

When a person is released on parole, he is required to comply with all federal and state laws.  He is usually required to remain in the state of his incarceration, or where the crime was committed, and must check in with a parole officer on a routine basis.

Parolees typically are also required to maintain or attempt to maintain steady employment; continue on any educational track they have begun; report regularly to a parole officer; notify their parole officer of any change of address; refrain from possessing, using or administering controlled substances; refrain from possession or control of a firearm or any defensive or deadly weapons; refrain from corresponding with anyone in a correctional facility or on parole; and waive extradition. Submitting to drug testing is also a common condition of parole, and parolees are required to submit to warrantless search and seizure and searches conducted without probable cause.

In addition to the general requirements, parolees may be subject to requirements specific to their offense as required within their state. For instance, sometimes, convicted sex offenders are required to submit to periodic polygraph examinations. Those convicted of an alcohol-related offense, on the other hand, may be required to refrain from consumption of any alcoholic beverages.

Parole Violations

When one or more of the conditions of parole are violated, some action is usually taken to give consequences to the parolee. In addition to consequences for the parole violation, it is important to note that a parolee may be charged in a separate criminal proceeding for any criminal offense even where the parolee is charged with violation of parole for the same conduct.

Defending Against an Alleged Parole Violation

When a parolee is accused of a parole violation, he can present evidence to try to show no such violation occurred. He does not necessarily have to absolutely prove that he did not violate his parole; he simply has to show that it wasn’t demonstrated by a preponderance of the evidence that he did violate it. Whenever possible, showing that no violation was proven is the parolee’s best course of action, since then he can walk away with no consequences at all.

A parolee also has the option of trying to justify or defend a violation that did occur. For instance, he could try to prove that his violation of parole was necessary or accidental. When he raises a defense of justification, the parole board may choose to take no administrative action against him or to take a lesser action than sending him to jail.

In any event, it is best to consult with a lawyer when accused of a parole violation in order to determine how to defend against the violation and what the best course of action is to avoid going back to jail.

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.

Florida Statutes. A person who willfully, maliciously, and repeatedly follows, harasses or cyberstalks another person, and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree. §784.048(3), Florida Statutes.

Stalking; definitions; penalties.—
(1) As used in this section, the term:
(a) “Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.

(b) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.

(c) “Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.

(d) “Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

(2) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) A person who, after an injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person’s property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) A law enforcement officer may arrest, without a warrant, any person that he or she has probable cause to believe has violated this section.

(7) A person who, after having been sentenced for a violation of s. 794.011, s. 800.04, or s. 847.0135(5) and prohibited from contacting the victim of the offense under s. 921.244, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8) The punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any offense under s. 794.011, s. 800.04, or s. 847.0135(5).

(9)(a) The sentencing court shall consider, as a part of any sentence, issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any such order be based upon the seriousness of the facts before the court, the probability of future violations by the perpetrator, and the safety of the victim and his or her family members or individuals closely associated with the victim.

If you have been charged with stalking, call Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

The following information is from the Walgreen’s Website. October 24, 2017 – As part of its comprehensive national plan to combat drug abuse, Walgreens is now stocking Narcan®, an FDA-approved nasal form of naloxone, in all of its more than 8,000 pharmacies nationwide.

The medication, administered by nasal spray, can be used in the event of an overdose to reverse the effects of opioid drugs, which include some prescription painkillers and heroin.

“By stocking Narcan in all our pharmacies, we are making it easier for families and caregivers to help their loved ones by having it on hand in case it is needed,” said Rick Gates, Walgreens group vice president of pharmacy. “As a pharmacy we are committed to making Narcan more accessible in the communities we serve.”

In addition, Walgreens is adopting Centers for Disease Control and Prevention (CDC) recommendations by educating patients about Narcan when they are dispensed a controlled substance greater than 50 morphine milligram equivalents (MME) and may be at risk of accidental overdose.

“This action is an important milestone and we applaud Walgreens initiatives to improve access to Narcan Nasal Spray in communities across the U.S.,” said Seamus Mulligan, Chief Executive Officer of Adapt Pharma, the manufacturer of Narcan Nasal Spray. “This effort, combined with the opportunity for patients and caregivers to obtain Narcan Nasal Spray without an individual prescription in 45 states, is critical in combating this crisis.”

In an effort to educate the public on use of naloxone, pharmaceutical wholesaler AmerisourceBergen has distributed Narcan demo devices at no cost to Walgreens pharmacists for use in instructing patients on how to administer the medication. Additional instructions include calling 911, as Narcan is not a substitute for medical care. Anyone who is administered the medication should seek immediate medical attention.

“At AmerisourceBergen, we strive to provide our customers the highest quality care and support so they can ultimately enhance the lives of patients in their communities,” said Robert Mauch, Executive Vice President & Group President, Pharmaceutical Distribution & Strategic Global Sourcing for AmerisourceBergen. “We recognize the important role we play in addressing the opioid epidemic, and our collaboration with Walgreens is another key milestone to supply our customers with access to lifesaving initiatives and emergency medications that can help keep individuals safe across the country.”

Last year Walgreens announced an effort to make naloxone available without requiring a prescription in states where regulations allow. The company now offers naloxone without requiring a prescription in 45 states and is eager and willing to work with the remaining states to make naloxone easier to obtain.

Walgreens has also collected more than 155 tons of unwanted medications through its safe medication disposal kiosks in 600 pharmacies across 45 states and Washington D.C. The kiosks allow individuals to safely and conveniently dispose of unwanted prescriptions, including controlled substances and over-the-counter medications, year-round at no cost.

If y0u or your loved ones are using opioids, we hope you get help soon. If you get arrested, call Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Shoplifting is a crime with serious penalties, including potential fines and jail time. In addition to the criminal charges, shoplifters can be sued by merchants in civil court to recover damages as well. If you are facing a shoplifting charge, make sure you seek out a qualified Attorney for help.

How much do you actually know about shoplifting?  There are definitely some myths and misconceptions out there. Let’s look at the top three.

Shoplifting is a new phenomenon

Some people think shoplifting began with modern shopping malls, but actually, it’s at least as old as Shakespeare since a contemporary of the Bard, Robert Greene, wrote a pamphlet offering advice for shoplifters. According to historians, in 18th century London, stealing clothes accounted for 27% of theft.

Shoplifting is committed out of need

Most modern-day shoplifters are not stealing what they need, but what they want. The top five most-shoplifted items in the US are chewing gum, Advil, cell phones, Red Bull, and cosmetics/perfume.

Shoplifters are women and teenagers

Celebrity shoplifters, like Winona Ryder and Lindsay Lohan, seem to confirm that shoplifting is a woman’s crime, but in Britain, men in prison for shoplifting outnumber women by more than three to one. A 2004 University of Florida study found that middle-aged adults shoplift more than children, showing that those between the ages of 35-54 shoplift more than any other age group.

Because of the nature of shoplifting charges and the broad definition of shoplifting under Florida law, consulting with an aggressive and knowledgeable attorney is going to be the best thing you can do to help minimize consequences and reduce charges.

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 haven’t looked into it, you may assume that it is legal to possess marijuana in Florida. Not so fast. This isn’t California. First of all, you can’t get smokable marijuana from a dispensary in Florida. It is only pills and lotions. Secondly, the only way you can get high THC versions of the product, you have to have a statement from a physician that you are terminally ill.

PATIENT POSSESSION LIMITS

Patients who possess a physician’s recommendation may legally obtain medical cannabis provided by state licensed dispensaries. A qualified physician may not issue a physician certification for more than three 70-day supply limits of marijuana. The Department of Health shall quantify by rule a daily dose amount with equivalent dose amounts for each allowable form of marijuana dispensed by a medical marijuana treatment center. Qualified patients are not permitted to possess use, or administer “marijuana in a form for smoking, in the form of commercially produced food items other than edibles, or marijuana seeds or flowers, except for flower in a sealed, tamper-proof receptacle for vaping.”

HOME CULTIVATION

No

STATE-LICENSED DISPENSARIES

Yes

STATE-LICENSED DISPENSARIES OPERATIONAL

Dispensaries specializing in low-THC/high-CBD products (defined as at least ten percent CBD and no more than 0.8 percent THC) are now operational.

CAREGIVERS

Yes. A “caregiver” means a person who is at least twenty-one (21) years old who has agreed to assist with a qualifying patient’s medical use of marijuana and has qualified for and obtained a caregiver identification card issued by the Department of Health. The Department may limit the number of qualifying patients a caregiver may assist at one time and the number of caregivers that a qualifying patient may have at one time.
Instead, this iteration sought to expand the category of ailments that allow a person access to high-THC cannabis from only those with terminal illness to include the following debilitating medical conditions:

Cancer
Epilepsy
Glaucoma
+ Human immunodeficiency virus (HIV)
+ Acquired immune deficiency syndrome (AIDS)
Post-traumatic stress disorder (PTSD)
Amyotrophic lateral sclerosis (ALS)
Crohn’s disease
Parkinson’s disease
Multiple sclerosis

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.

Refer ABC News Sept 11, 2017. As Hurricane Irma’s eye was crossing over central Florida on Sunday, some looters were caught trying to take advantage of the frightening situation.

Florida law enforcement played double duty saving the stranded and needy while also arresting alleged thieves for swiping goods from businesses and homes after one of the largest evacuations in Florida’s history.

At a press conference Monday, Broward’s sheriff, Scott Israel, issued a warning to potential looters.

“If you looted and we find out who you are, you will go to jail,” he said.
Fort Lauderdale law enforcement officers arrested 19 people on Sunday for looting.

Two people were taken into custody for trying to break into a home, a Fort Lauderdale police spokeswoman said.

On Twitter, the Fort Lauderdale Police Department warned the community about the consequences of looting.

Six adults and three juveniles, a Fort Lauderdale police spokeswoman confirmed, were booked Monday for burglary during a natural disaster. The charge is a felony in Florida and “holds the possibility of a longer sentencing,” the spokeswoman added.

Authorities in Miami hoped to turn would-be thieves away by instituting a curfew for residents.

“Thinking about looting? Ask these guys how that turned out. #stayindoors”

If you are arrested for a criminal offense, call Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Maybe to you, Burglary, Robbery and Theft are the same thing. Legally, they are different. Although they are often used interchangeably, because they all involve the unauthorized taking of someone’s personal property, they are all very different crimes. If you, or someone you love, has been arrested for theft, robbery, or burglary you will need the help of an experienced criminal defense attorney.

Here’s a little background on each and why they are unique:

Theft Charges

Theft is the most basic of all three crimes and occurs when someone takes someone else’s property without the consent of the owner and with the intention to permanently deprive the owner of its use or possession. It’s also sometimes called larceny, petty theft, or grand theft. Theft involves taking a tangible item so you can’t be convicted of theft if you try to take someone else’s land, for example (even though other criminal charges would apply). Theft usually involves money, physical goods or any other physical object you can move or transport.

Robbery Charges

Robbery is essentially theft accomplished through the use of physical force or fear. Robbery is a violent crime, but that doesn’t meant the victim has to suffer any type of injury. It’s enough to commit a robbery if you any type of force, including just a threat of violence. For example, forcing a person at gunpoint to give you their purse or wallet would be considered a robbery.

Burglary Charges

Burglary is committed if you enter into any structure with the intent to commit a crime inside. For purposes of burglary law, a structure includes nonresidential buildings, natural formations, and residential dwellings. One can commit a burglary even if the only force used is to open the door, and you can be convicted of burglary even if you don’t completely enter into a structure. For example, opening a window and stealing something off a ledge with just your arm still counts as burglary.

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.