OK, so things got out of hand, and the police got called, and they arrested you for domestic violence. So you and your significant other have been together a long time. You know that they will drop the charges, and we can put this behind us. Right?

NO, NO, NO. Sorry, but this is usually not the case. The police and the prosecutor want to prevent the situation where a habitual domestic batterer can put pressure on the spouse to drop charges and the bad behavior continues.

It is remotely possible that the state will decide to dismiss a case against a defendant for domestic violence abuse charges, as well. This rarely happens, however. Although very undesirable, a prosecutor may still decide to move forward with a case, as originally charged.

The Prosecutor, Not the Victim, makes the decision as to whether to bring assault charges

Because the victim is not the party who first charged the defendant in the domestic violence assault, the fact that he or she wants to recant or dismiss the charges often means little to nothing to the prosecutor. The case is brought by the state. The prosecutor is the one who decides whether to move forward in the case against the defendant. So, technically the victim has no power to drop charges against an alleged aggressor because criminal charges in most states are only brought by members of law enforcement bodies.

Many jurisdictions have zero tolerance for domestic violence abuse. Localities subscribe to the logic that abuse will progressively worsen, and often those involved in the abusive situation are not in the best position to ascertain prudent next steps because of financial pressures, temporary reconciliations, or other pressures exerted by aggressors.

There is a slight exception to this general premise. That is in the instance of private criminal complaints. They are brought for small matters, such as the passage of bad checks in a retail store. But the vast majority of criminal matters are not filed by private parties such as a retail store; instead, they are filed by police officers.

The state may decide it is prudent to reduce charges from those originally brought. Or, alternatively, the state may offer a plea bargain agreement to the defendant that is more lenient and favorable. It is remotely possible that the state will decide to dismiss a case against a defendant for domestic violence abuse charges, as well. This rarely happens, however.

Although very undesirable, a prosecutor may still decide to move forward with a case, as originally charged, with the victim serving as a hostile witness. The prosecutor will usually continue forward with the case if he or she believes a crime was committed and has evidence to establish the case to the court. The victim is not likely to be cooperative or helpful in such instances in advancing the prosecutor’s case. It may be that an experienced criminal defense attorney can exploit such an undesirable situation for the state and negotiate with the prosecutor to have the charges reduced to a lesser offense. There are certainly no guarantees in this regard.

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 may be looking at community service as part of court sentence. Instead of dreading it, consider embracing it. Community service is a great way to help others and improve your community, and it can also help you gain skills and experience to include on your resume and college applications.

Community service is work done by a person or group of people that benefits others. It is often done near the area where you live, so your own community reaps the benefits of your work. You do not get paid to perform community service, but volunteer your time. Community service can help many different groups of people: children, senior citizens, people with disabilities, even animals and the environment. Community service is often organized through a local group, such as a place of worship, school, or non-profit organization, or you can start your own community service projects. Community service can even involve raising funds by donating used goods or selling used good like clothing.

Many people participate in community service because they enjoy helping others and improving their community. Some students are required to do community service in order to graduate high school or to receive certain honors. Some adults are also ordered by a judge to complete a certain number of community service hours.

Why Should You Participate in Community Service?

There are numerous benefits to participating in community service, both for yourself and others. Below are some of the most important benefits of volunteering:

Gives you a way to help others
Helps improve your community
Can help strengthen your resume and college applications
Can be a way to meet new friends
Often results in personal growth
Gives you a way to gain work experience and learn more about certain jobs

The court will probably give you a list of possibilities of organizations in your area that are looking for volunteers.

Who would you like to help?

Is there a specific group of people or cause you are passionate about? Look for projects that relate to your passion and interests. You may also just want to perform particular community service activities that allow you to do hobbies you enjoy, like baking or acting, and that’s fine too.

Do you want a community service activity that is reoccurring or a one-time event?
Perhaps you don’t have enough time to regularly devote to community service. In that case, it may be better to look for opportunities that only occur once or sporadically, such as planning special events or helping build a house.

What kind of impact do you want to have?

Some people prefer to participate in community service activities that have a quantifiable impact, for example, activities where you know the specific number of kids you tutored, dollars you raised, or cans of food you collected. This is in contrast to activities that don’t have such clear numbers, such as creating a garden or serving as a volunteer lifeguard. Some people prefer quantifiable activities because they feel they look stronger on college applications, or because they simply enjoy knowing their exact impact on the community.

What skills would you like to gain?

Many community service activities can help you gain skills. These skills can range from teaching to medicine to construction and more. If there is a particular skill you’d like to learn for future classes, jobs, or just out of personal interest, you may want to see if there is a community service activity that helps you learn that skill.

Now that you know what your options are for community service, you can take the following steps to start getting involved:

1. Look over your interests: Which activities seem most appealing to you? Were they mostly in one particular category, like children or the environment? If so, that’s a good starting place for choosing specific organizations to contact.

2. Figure out how much time you can devote to community service: Are you available for two hours every week? Are you not free on a regular basis but can volunteer for an entire weekend now and then? Think about transportation as well and how you’ll be able to get to different locations. Knowing this information will help you choose which community service projects to pursue, and it’s helpful information for volunteer coordinators to know.

3. Do some research to see what projects you can do in your community: Check at your school, place of worship, or town hall for more information on volunteering. You can also contact the place where you’d like to perform your community service, such as a particular animal shelter or nursing home, and ask if they take volunteers.

4. Start volunteering! This list ranges from small projects that you can complete on your own in a few hours, to much larger projects that will take more time and people. If you find a project you can start on your own, do it! If you want to do a project where you’ll need more resources or people, check around your community to see if a similar program already exists that you can join. If not, don’t be afraid to start your own! Many organizations welcome new volunteers and community service projects.

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.

Can residue in a pipe be considered possession? Like in a lot of areas, the police officer has

a lot of latitude in what charges are brought against an individual. However, residue in a pipe can, and very often is, considered possession when charges are filed. In addition, the person is usually also charged with possession of paraphernalia.

Under Florida law, Possession or Use of Drug Paraphernalia is a first degree misdemeanor, with penalties that may include jail or probation. Drug paraphernalia is any object or material intended for the production, use, or processing of a controlled substance.

Under Section 893.145, Florida Statutes, drug paraphernalia is defined as “all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance . . .”

Common examples of Drug Paraphernalia include the following:
Hypodermic syringes, needles, and other objects used for injecting controlled substances into the human body;
Containers and other objects used in storing, concealing, or transporting controlled substances;
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
Rolling papers, cutting devices, testing devices, balloons, and baggies;
Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls;
Water pipes, smoking and carburetion masks, other air driven pipes, “roach clips,” bongs, “whip it” devices for expelling nitrous oxide, “crackers,” and vials.

Penalties for Paraphernalia

In Florida, possession or use of drug paraphernalia is classified as a first degree misdemeanor, with penalties that may include up to 365 days in jail or 12 months probation, and a $1,000 fine.

If placed on probation, a defendant will typically be ordered to submit to random drug testing and may even be ordered to enroll in a drug evaluation and treatment program. Often, a charge of paraphernalia possession will be joined with other common possession charges, such as possession of cannabis, possession of cocaine, or possession of a controlled substance with the intent to sell.

Determining Possession

The determination as to whether a person was in “possession” of the item alleged is one of the most common issues in a paraphernalia case.  In Florida, possession may be actual or constructive in nature.

With actual possession, the paraphernalia is on the person of the defendant, in a container in the hand of a defendant, or is within ready reach of the defendant and under his or her control.

Constructive possession means that the paraphernalia is not on the defendant’s person, but is in a place where the defendant has concealed the item or has control over the item. In cases where the paraphernalia is in a place where the defendant does not have control, there must be evidence that:
1The defendant had control over the paraphernalia; and
2knowledge that the paraphernalia was within the defendant’s presence.

There are many scenarios where constructive possession of drug paraphernalia is difficult to prove. The most common situations include:
joint occupancy of a vehicle;
joint occupancy of residence;
presence at a location with multiple persons; and
presence in a vehicle owned or operated by another person.

The defendant may not know of the presence of the paraphernalia and, even if knowledge is proven, it does not follow that he or she necessarily had control of the item.

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 happens if the court gives you a fine, and you don’t pay it?

You may go to jail. The fine is a condition of probation. Usually a DUI conviction results in a period of probation. Non payment of fees can be the basis for a probation violation whereby the judge can order jail time.

You can see if you can have it converted to community service. Another option is for you to serve additional jail time.

You can always ask for an extension from the judge. Some judges will even allow part of the fine to be paid by community service but you have to put yourself on calendar through the clerks office to do this.

Most counties offer a work in lieu fine, or a community service alternative. It can be utilized for most of the fine, but not all. Some of the fine assessments cannot be converted.

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.

Pleading “no contest” is often only to the benefit of the person’s pride. No contest means you’re conceding the charge without admitting guilt and without presenting a defense. But unlike a plea of guilty or innocent, a defendant must get a court’s consent to plead no contest, which comes with certain legal consequences.

A plea is a person’s formal response to a criminal or traffic charge. A person charged with a criminal or traffic offense is called the defendant. The defendant can choose from the pleas of guilty, not guilty, not guilty by reason of insanity, or no-contest. Entering a plea refers to the judge’s act of formally noting a defendant’s plea, or “entering” it, in the court’s official file. If you enter a no-contest plea, it means that, while you do not admit your guilt, you do admit the truth of the facts alleged in the indictment, information or complaint (the so-called “charging” documents that start a criminal or traffic case). No-contest pleas are sometimes known as “nolo contendere” or just “nolo” pleas.

Sometimes there’s no difference whatsoever and sometimes there’s a big difference. If you plead guilty, you are admitting to the facts and the legal consequences of those facts. The benefit of a no-contest plea (when you admit the facts, but not your guilt) is that it allows you to avoid a trial if your defense has become hopeless, but it prevents the plea from being used against you in any later civil or criminal proceeding. It also allows you the opportunity to appeal rulings by the court, such as rulings allowing certain evidence to be used by the government.

The only way the judge would find you not guilty on your no-contest plea is if there is a mistake in the “charging” document (if, for example, it leaves out a critical part of the charge) or because the prosecutor’s recitation of facts (where required) doesn’t match up to the facts stated in the charging document. This is rare.

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 biggest difference between bail and bail bonds is that while bail money is returned to the person who posted it at the end of the defendant’s case, the money you pay to a bondsman is a fee. It is not something you will get back. Again, a bail bond is ultimately an insurance policy.

Bailing your friend or loved one out can be expensive. You won’t always have your money returned. This quick guide will give you a better idea of whether you can expect to have your bail bond money returned to you.

Surety Bail

Enlisting a bail agent to write a surety bond for the defendant will be cheaper because you will pay a bail premium, which is just a percentage of the total bail amount. This is what is commonly known as a bail bond. The bail bond premium is non-refundable. The premium is a fee for the bail agent’s services to manage the defendant and make sure he or she shows up to all required court appearances.

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. If the person does not show up in court, that money will be forfeited and you will not see it again. And if the defendant gets arrested again while out on bail, no refund will be given.

If a defendant is found not guilty, the bond is discharged; if the defendant pleads guilty, the bond is discharged at the time of sentencing.

Property Bond

If you secured a property bond, it means you offered the real value of your property to the court in exchange for the defendant’s release. Property bonds are similar to cash bail in that the court will legally seize the property if the person does not show up in court.

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 know people who use cocaine or crack, you may wonder what risk they are taking by possessing and using the drug. You may wonder if you are risk by associating with people who are in possession of the drug. You should be concerned. In Florida, law enforcement does not concern itself with who the drugs belong to. This means that even if the drug does not belong to you, you are criminally liable for either the actual, or constructive possession of the substance.

The penalties are as follows:

If you have a felony conviction, it is going to be extremely difficult to find a job or a decent place to live. Do yourself a favor and quit using the drug if you are using it, or associating with people who do. If you have been arrested, you should contact a good criminal law 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.

We’ve all been there. You pick someone up to give them a ride to an event, and they jump into the car with a “traveler” (open container). You may wonder what kind of exposure you have in this situation. If it is clear to everyone involved that the alcoholic drink is in the possession of the passenger, they are the one who would be ticketed. However, if an officer has occasion to observe your vehicle and someone has an open container, chances are you are facing a bigger issue than the open container. It is a read flag, and only brings attention to your situation. It is never a good idea to have an open container in your car. But mistakes happen, and you may wonder what could happen to you.

The Florida Open Container Statute 316.1936 states that “an open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked non-passenger area of the vehicle.”

The statute also defines an open container as any alcoholic beverage that is immediately capable of being consumed, or the seal of the container has been broken.

For the passenger, “An open container shall be considered to be in the possession of a passenger of a vehicle if the container is in the physical control of the passenger.”
According to Article IV of Florida Statute 316.1936, if any passengers of a motor vehicle are in possession of or consume an open alcoholic beverage, the open container law is violated. This type of offense is considered a non-criminal moving traffic violation, which can mean the driver can be fined up to $500 and possible jail time, depending on what county you are pulled over in. Pasco County enforcement has gone through changes in recent years, so it’s best to be safe rather than sorry here. It may also lead to points assessed against your driver’s license. This does not apply for those passengers in a motor home that is parked or stopped.

If your designated driver is pulled over and you have an open container in the car, the officer can issue tickets to both you and the driver. If you have been charged with an open container offense, depending on the severity of the situation, you may be charged with a misdemeanor and incur a fine, which will vary between different ordinances. When you are faced with criminal charges, it is important that you get in touch with a criminal defense attorney who is knowledgeable about Florida’s open container laws and penalties and experienced in handling 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.

You may have wondered when can the police arrest you? What does it take for them to take you downtown? Can they do that just because they don’t like you looks, or do they need a good reason.

“Probable cause” requires more than a mere suspicion that a suspect committed a crime, but not an absolute certainty.

Probable cause is the key issue in the arrest process. The police need probable cause to make an arrest or obtain an arrest warrant from a judge.

(For more information on the probable cause concept, see How much “probable cause” do cops need? For an explanation of the standard needed for a detention, rather than an arrest, see What is reasonable suspicion?)

Establishing Probable Cause

To establish probable cause, police officers must be able to point to objective circumstances leading them to believe that a suspect committed a crime. A police officer can’t establish probable cause by saying only something like, “I just had a hunch that the defendant was a burglar.”

Judges, not police officers, have the last word on whether probable cause exists. A police officer may be sincere in believing that the facts establish probable cause. But if a judge examines that same information and disagrees, then probable cause does not exist (or did not exist, if the question is being decided after an arrest).

Note that probable cause may have existed at the time of an arrest even if the defendant didn’t actually do anything wrong. Put differently, an arrest is valid as long as it is based on probable cause, even if the arrested person is innocent.

How Much Information = Probable Cause?

The million-dollar question is: How much information do police officers need to convince a judge to issue an arrest warrant or to justify a warrantless arrest? In general, probable cause requires more than a mere suspicion that a suspect committed a crime, but not as much information as would be required to prove the suspect guilty beyond a reasonable doubt. (See How much “probable cause” do the police need?)

Because probable cause is an abstract concept, a firm definition of it is evasive. Courts have to determine case by case whether there is or was probable cause for an arrest.

If you have been arrested and if you wonder if the police had probable cause, you should consult with 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.

You may have heard of situations where people were in their car and not driving, and they were arrested by the police for DUI. It is a common belief that if you don’t have the keys in the ignition, the police cannot charge you with DUI. That is simply not true.

The fact is, you do not have to be driving to be arrested for a DUI. You just need to be in the driver’s seat of a car and be in possession of the keys. To the law in most states, this means you are in physical control of the car, even though you are not driving. Your keys do not even have to be in the ignition.

In every Florida DUI  cases, there must be proof of “driving” or “actual physical control.” If a police officer or another witness is able to identify you as the individual who moved the vehicle (however short the distance,) then the element of “driving” is satisfied.

In October 2016, according to ABC Action News,  a St. Petersburg police officer was arrested for a second time during his law enforcement career for drinking and driving, while he was off duty.

Officer Anthony Green started his career with the department in 2005. Chief Anthony Holloway said Green was suspended in 2010 after he was convicted of DUI. The chief of police said he more than likely received some sort of counseling. Part of their policy states officers, who have had a DUI, cannot drink a sip of alcohol for 5 years with the potential of being randomly tested.

Then late that night, Pinellas County Sheriff’s deputies found Green behind the wheel and asleep in his own car. It was stopped along Gulf Boulevard near Madeira Way in Madeira Beach. If a police officer can be arrested while asleep in his car, you can assume that anyone would be arrested in this situation.

If you have been arrested in similar circumstances, you should consult with an attorney to see if there are any circumstances that could aid in your defense.

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.