One problem is that when you make this decision, you may not be in the best condition to make a life altering decision. I had a friend who refused to take a breathalyzer test because in the back of his mind, he remembered something about people getting off on technicalities. One should focus on not drinking and driving. However, one should also be clear on this topic before the situation arises.

IMPLIED CONSENT LAW – OR REALLY COERCION TO INCRIMINATE YOURSELF. This concept was adopted by the Florida Legislature. It means that if a person elects to drive a vehicle on the state’s roadways (or even a pedal bike), then the person also implicitly agrees to submit to giving an evidence sample for alcohol. And if you don’t, you lose your privilege of driving on Florida roads. It is very difficult to prove you guilty of DUI unless you give them all the evidence they need to convict you. Thus, without implied consent, people would have no incentive to incriminate themselves and the police would rarely get any convictions. They made this rule so that they can more easily convict you. Implied consent law is basically a means to coerce you into incriminating yourself without the benefit of counsel by giving a sample against yourself.

MUST YOU TAKE THE TESTS? When a driver is suspected of DUI, an officer gives the suspect the “option” of submitting to a breath test. If the suspect takes the test and blows zero or blows very low (under .08% BAC), they will most commonly ask him/her to take a blood or urine test too. They do this to support their case against the suspect. Remember, the officer made the decision to arrest so when the suspect comes back to the breath center and blows under the legal limit, the officer looks foolish. Thus, the officer will then attribute his observation to drugs and seek another test. They can do this.

Florida Law permits a person to REFUSE to submit to testing one time without any criminal penalty but there are consequences with regard to your driver’s license. If you refuse to take their so-called “tests”, the Florida DMV (not the Court) will suspend your license for one year. This suspension is the least of your problems because the suspension can be challenged by formal review within ten calendar (not business) days. Thus, it is in your best interests to hire a lawyer within ten days. Your lawyer can challenge the suspension and may be able to legally get you your license back based on a legal technicality. Many times the request for the breathalyzer was made prematurely or incorrectly and can be basis for reversal of the suspension. Remember, just because a police officer did it, doesn’t make it right!

Knowing the law is key for any DUI or Driver’s License Suspension case. Alex Truluck keeps abreast of the latest cases, decisions, and laws that benefit the client. And even if your license cannot be reinstated, Alex Truluk will instruct you how to get a business purposes license for the duration of your suspension.

One final note about refusing, in most cases, the police officer will have asked you to first perform field sobriety tests but these field evaluations ARE NOT mandatory either. Many times officers use the wrong tests. There are strict guidelines with instructing people on these tests and if they are not followed, they may be excluded from evidence against you.

If you have been arrested for DUI, Alex Truluck can analyze the evidence against you. 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 difference between ‘date rape’ and standard ‘rape’ in the legal context is restricted to the legal meaning of the terms. Thus, they carry the same serious consequences. ‘Date rape’ is a specific form of rape where the victim knows the rapist, as opposed to the average idea that the perpetrator is a stranger to the victim.

History

The legal definition of rape has evolved over the years. According to common law, rape refers to the crime of having sexual intercourse without the consent of one of the participants. In time past, a required element of date rape is illegal | Kenneth Padowitz | Lawyerthe definition of rape was physical force or threats of force. Currently, many states have eliminated this condition as a mandatory element of rape. The improved definition stipulates that rape occur when the perpetrator goes ahead to engage in sexual intercourse after the victim:
•Says “no”
•Refuses to give consent
•Is unable to consent due to physical or mental constraints that results from either being ◦Physically disabled; or
◦Under the influence of alcohol or drugs

However, under common law, if the victim was the spouse of the offender, then the law exempted the offender from being charged with rape. The reasoning behind this exception was the archaic viewpoint that women were the property of their husbands, and as such, the every act that was sexual intercourse with one’s spouse was consensual. Today, clauses in rape laws to account for when the perpetrator is the spouse of the victim still exist in the rape laws of some states. However, the rape laws of most states have done away with such distinctions.

The Prevalence and Characteristics of Date Rape

To the average person, the perpetrators of rape are mainly strangers, and only a few percent of rape cases involve a rapist who knows the victim. The stats speak in a different voice. Statistics show that around 50% to as much as 80% of all rape cases are date rapes. The perpetrators of date rape fall into a vast number of categories. The offender may simply be a friend, a relative, a coworker, or some other acquaintance. Furthermore, the “date rape” label also applies to cases where the perpetrator believed that the potential of a romantic relationship existed, even though it never materialized.

Disabling Drugs

Around the end of the 20th century, a trend developed. Repeatedly, victims reported rape cases where their rapist used disabling drugs to impair them. The drugs include GHB, ketamine, and rophenol. The common tactic was for the rapist to smear the victim’s drink with the drugs while the victim was not looking. The usual symptoms were weakness, confusion, passing out, and short-term memory loss. Intake of some date rape drugs can lead to death, especially when taken in combination with alcohol. The authorities responded swiftly by enacting laws that targeted this act directly. The penalties were stiffer and charges were more serious in nature. In addition, a rapist who used disabling drugs on his or her victim may also stand for drug-related crimes.

Consent

In spite of the advances in generalizing the definition of rape as well as making punishments stiffer, hurdles remain, especially in disproving the position of a defendant that the victim wanted to engage in sexual intercourse. The expectations of women to resist a man’s sexual advances and that of men to be more sexually aggressive while pressing for romance still hold sway in the minds of majority of the population. These archaic expectations complemented by gender biases plague prosecutors, juries, and judges. For example, difficulty in proving the victim’s assertion that he or she was uninterested in sex would occur if the victim willingly invited the perpetrator in, or went out with the perpetrator, or admits to engaging in some form of sexual act. Even more confounding for the juries would be if the victim had previously consented to sex with the offender. This is despite the interpretation by the law that previous consent to a sexual act does not override the need for consent for every future sexual act.

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.

Bipolar disorder, also known as manic-depressive illness, is a psychiatric disease that causes unusual shifts in mood, energy, activity levels and the ability to conduct daily life activities. The condition was estimated in 2014 to affect 2.2 percent of the population or approximately 5.3 million adults in the United States aged 18 or older. An estimated 51% of individuals with this condition are untreated in any given year.

It has been reported that the majority of criminal cases involve substance abuse, financial pressures or relationship troubles. Many involve more than one of these issues. More and more lately, people seem to be effected by significant mental health issues. Sometimes it can be easy to tell when a client has a problem and it is often very hard to deal with it. Sometimes however, it’s not so easy to tell.

Most judges don’t want to put mentally ill people in jail. Judges and even prosecutors want to get people the help they need in the best way possible in order to protect society. When meeting with clients, an attorney should always ask if they have any history of mental illness. The client should always be honest about this. Sometimes, an attorney is able to work out a settlement which would require the client to continue treatment with his normal psychiatrist, take his prescribed medication and no other punishment.

Regrettably, the clients are not always honest with attorneys or with themselves. Clients deny mental health problems.

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 be visiting Florida from another state, and you are wondering if Florida has an “open container” law. Yes we do. Many states have so-called open container laws, which make it illegal to have an open container of alcohol anywhere in the passenger compartment of a vehicle.  If you are the driver of the vehicle, it is important for you to know that you can be cited under an open container law even if you are not the person consuming the alcohol.

In Florida, an open container is defined as “any container of alcoholic beverage which is immediately capable of being consumed from, or the seal of which has been broken.”  So under Florida law, even an empty beer can can be considered an open container.  If you are the driver of a vehicle where passengers have been drinking, it is in your best interest to ensure that no one bring a “to-go cup” into the car for the trip home.  We said it but it bears repeating – even if you, the driver, are not consuming the alcohol, you run the risk of receiving a ticket under the open container laws.  Penalties range from fines to a potential criminal conviction, so it is not worth the risk.  If you are driving home from a party and have leftover alcohol, store it in a locked trunk to ensure you are in compliance with the law.

If you are cited for having an open container, whether as the driver or the passenger, you may want to talk to an experienced traffic ticket attorney to assist you.  The penalties for open container violations can be severe so before you go at it alone, consider having a lawyer in your corner.

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 the Wall Street Journal. “The right call“, “a double-standard,” “the right thing,” a “miscarriage of justice.” The reactions to Tuesday’s dramatic development in the Hillary Clinton email investigation came in fast and furious and not surprisingly ranged widely in their assessment of the FBI director’s recommendation not to bring criminal charges against the presumptive Democratic presidential nominee.

Legal experts and former Justice Department officials generally agree that many of the findings from the FBI’s probe — underscoring gaps in security standards and punching holes in Mrs. Clinton’s defenses — were at least a damning rebuke of the former secretary of state.

But they disagree on whether Mrs. Clinton should face charges. Below is a selection of reactions from scholars and prominent legal figures from both sides of the debate.

Comey got it right:

• Defense attorney Abbe Lowell told Reuters that Comey’s recommendation to the attorney general was “completely consistent” with other high-profile case charging violation of laws governing the handling of classified information, including the case against retired Gen. and former CIA chief David Petraeus.

“The one common denominator of all such [prosecuted] cases is that the individual involved intentionally sent material to those not authorized to receive it, like the press, like a foreign government,” said Mr. Lowell, who also cited the leak case against a former State Department contractor he represented.

• Elizabeth Goitein, who co-heads the Brennan Center’s Liberty and National Security Project, told the Washington Post’s Greg Sargent that Mr. Comey just didn’t think all the evidence gathered would support a criminal prosecution. “That’s what prosecutors base their decisions on — what the evidence shows, not what they personally think happened.”

• CNN senior political analyst David Gergen, a former adviser to four presidents, said “embittered partisans” may object to Mr. Comey’s decision. But he thinks the FBI conducted a “diligent” investigation and wrestled in good faith with a close call, particularly with respect to whether Mrs. Clinton committed criminal “gross negligence” under the Espionage Act.

If you have a problem, and you don’t have the resources that Hillary Clinton has, consider calling Alex Truluk. 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 AOL News. June 30, 2016. Last week, the Supreme Court ruled that police officers could administer warrantless Breathalyzer tests to people suspected of driving drunk.

The case, Birchfield v. North Dakota, effectively criminalizes the refusal to submit to a Breathalyzer test and affects laws in 11 states.

The outcome will most likely lead to an increase in drunken-driving convictions across the country, according to Derek Andrews, a defense attorney at the DUI Foundation, the organization linked to the viral “silent” drunken-driving checkpoint hack

The Fourth Amendment protects against unreasonable searches and seizures, though laws vary by state. Many lawyers openly encourage their clients to refuse a Breathalyzer because prosecutors have a harder time landing convictions with less evidence. Depending on the probable cause, refusing to take a pre-arrest Breathalyzer likely won’t result in a license suspension, but in many states, like New York, refusing a post-arrest Breathalyzer could lead to automatic license suspension of varying durations.

With the Supreme Court’s decision, however, there could be “an increase in the number of chemical test results,” Andrews wrote in an email to Business Insider. People might be more likely to submit for fear of the certain legal repercussions. Chemical tests can be a Breathalyzer, blood draw, or even a urine sample.

To put it simply, more people submitting to Breathalyzer tests means that states and prosecutors will have greater evidence against them.

While a state should be able to ask for a warrantless Breathalyzer test, and even a blood draw, states should not be able to criminalize the refusal of the test, according to Andrews.

“It is a fundamental premise of our criminal justice system that it is the government’s burden to prove beyond a reasonable doubt that someone is guilty of a crime, and it is the government’s duty to collect evidence and develop a case,” Andrews wrote. “It is not, however, a person’s duty to give that evidence to the government.”

Issuing criminal penalties, however, could also encourage people to refuse a Breathalyzer.

“This country is simply going to have more criminals because the government has chosen to criminalize a refusal to provide (potentially) incriminating evidence to law enforcement,” Andrews wrote. “…. There are other ways of combating DWI/DUI than convicting more people of crimes.”

It’s worth nothing the Supreme Court differentiated between Breathalyzer tests and blood tests, arguing that because blood draws are more intrusive, states may not demand them without a warrant.

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

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

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Domestic abuse, also known as spousal abuse, occurs when one person in an intimate relationship or marriage tries to dominate and control the other person. Domestic abuse that includes physical violence is called domestic violence.

Domestic violence and abuse are used for one purpose and one purpose only: to gain and maintain total control over you. An abuser doesn’t “play fair.” Abusers use fear, guilt, shame, and intimidation to wear you down and keep you under his or her thumb. Your abuser may also threaten you, hurt you, or hurt those around you.

Domestic violence and abuse does not discriminate; it happens among heterosexual couples and in same-sex partnerships. It occurs within all age ranges, ethnic backgrounds, and economic levels. And while women are more commonly victimized, men are also abused—especially verbally and emotionally, although sometimes even physically as well. The bottom line is that abusive behavior is never acceptable, whether it’s coming from a man, a woman, a teenager, or an older adult. You deserve to feel valued, respected, and safe.

On the other hand, it is possible for someone to complain about abuse when none exists. If you have been accused, you should consider calling 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.

According to High Times:

While Florida still considers any person caught holding a little marijuana a low-level criminal, a number of municipalities across the state have made it their mission in recent months to do away with the penalties associated with minor possession. The most recent is the City of Tampa, where Mayor Bob Buckhorn has signed a measure into law that will prevent those people busted with small amounts of weed from being thrown in jail.

On Monday, the mayor put his signature a popular ordinance that will give the Tampa Police Department the freedom to hand out citations to petty pot offenders instead of running them through the criminal justice system. The new law comes just a week after the city council put their seal of approval on the measure in a vote of 5 to 1, suggesting that any amount of marijuana under 20 grams should be handled with a simple fine.

It was no surprise that Buckhorn wasted little time signing the ordinance. Earlier last year, he expressed concerns that “incarcerating people, particularly young people, for a very small amount of marijuana absolutely alters their career path for the rest of their life.”

“Once they get into that prison system, they are forever scarred; they forever have a prison record,” he explained.

Within the next couple of weeks, Tampa police will no longer be obligated to drag every person caught with marijuana down to the local precinct. Instead, officers will have the power to slap these offenders with a fine, which will differ in cost depending on a person’s previous record.

First time offenders, in situations where marijuana possession in the only offense, will be forced to pay a $75 ticket, while second time offenders will be squeezed to the tune of $150. For third time offenders, a fine of $300 will be their charge, and for those dumb or unlucky enough to get popped four or more times for pot, they will be forced to pay $450.

However, in every case, the ordinance will only be applied when marijuana possession is the “only chargeable offense.”

Therefore, the person who gets in trouble with the law for starting a bar fight during a Spring Break retreat, only to have a cop pull a joint from his or her pocket during a search, will likely be charged for pot possession at the state level—punishable with up to a year in jail and a maximum fine of $1000.

For civil society, however, the Tampa decriminalization measure was designed in the image of similar ordinances all over the state, where city officials are no longer interested in criminalizing the average stoner. So far, Miami-Dade, Fernandina Beach and Miami Beach have all eliminated minor pot offenses from their law enforcement’s shakedown repertoire, while this novel concept is currently under consideration by the St. Petersburg City Council.

A number of states and municipalities all over the nation have decriminalized the possession of marijuana within the past several years. These types of mini-marijuana reforms have the potential to prevent thousands of people every year from entering into the criminal justice system, while allowing law enforcement to focus their efforts on more serious crime.

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.

According to the DMV, if you’ve committed a traffic violation and received a citation, you’ll need to decide whether to fight or pay the ticket. Traffic ticket fines and requirements will vary depending on where you committed the violation and whether it’s unpaid parking tickets, unpaid traffic tickets, speeding ticket, red light ticket, or a ticket/penalty for driving without insurance.

If you’ve recently received a traffic ticket, you may face more than fines and an appearance in traffic court. Depending on the violation that caused the ticket and the court handling the citation, you may face:

• Action against your driver’s license.
• Points on your driving record.
• Traffic court requirements.
• Increased car insurance rates.
• Mandatory traffic school or defensive driving.

The steps you’ll need to take to handle your traffic ticket will be determined by the traffic court in the jurisdiction where you were cited. Fines and driver’s license points will vary depending on the severity of the traffic law you violated.

Here in Pinellas County, many violations may be reduced or excused if the driver agrees to go to a court approved traffic school. You may take the course on-line. Whether you need Driver’s Education or Traffic School, an online format gives you total convenience and flexibility. Not only will you have access to your course 24/7, but you’ll also have the freedom to work on it wherever you please. You can put the days of a crowded classroom behind you and take your next First-Time Driver’s Ed or your Florida Traffic School online.

To get the best advice on your options, 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.

Of course, that is one of the goals of a good criminal defense attorney. Let’s take a look at what is involved.

If successful, the records are said to be “expunged“. Black’s Law Dictionary defines “expungement of record” as the “Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository.”

Reducing Felonies to Misdemeanors: When a felony is punishable by either time in prison or time in the county jail, this is what we call a wobbler or reducible felony. By agreement of the parties or by order of court the case can be reduced to a misdemeanor. Once reduced, the case becomes a misdemeanor for all purposes.

Sealing Records: Arrests for specified offenses resulting in a finding of guilt by the court may be sealable under Florida Law.

First, the court must have withheld the adjudication of guilt. In Florida you can be found guilty but not be convicted. This is the withholding of the adjudication.

Second, the offense cannot be a prohibited offense by statute.

Those conditions and the requirement that you have never been adjudicated guilty (convicted) of any other crime or have had any other Florida arrest sealed or expunged will qualify you to have your criminal arrest record sealed.

The first thing that everyone should understand is that there are no magic wands when it comes to cleaning up your history. Avoiding a conviction in the first place is the best way to avoid a record. Minimizing criminal charges and punishment is choice number two. After that, we need to be successful on probation and avoid ANY violations of probation or new cases.

When the time comes to start cleaning records, either after probation is over or after a motion to terminate probation early, we first try to reduce any felonies that we can to a misdemeanor. Then we try to expunge convictions, starting with the newest and most serious cases first. From there we try to knock them out one by one until they are all gone. And, if at first we don’t succeed and a request is denied, we can reset the request for six months or a year later and try it again. When a judge realizes that we are serious, at some point he may change his mind and grant the request.

Then, after all the cases are expunged, go request your “official” rap sheet/criminal history from the California Department of Justice. It’s worth taking the time and paying the money to get it because this is the only real rap sheet there is. Make sure the rap sheet is accurate and if it’s not, go through the process to get it corrected.

The benefit of cleaning your record is potentially huge. First if you reduce a felony to a misdemeanor, it becomes a misdemeanor for all purposes. Next, if you expunge a conviction, felony or misdemeanor, you can honestly tell someone you have never been arrested or convicted of a crime. This excludes governmental licensing and the state lottery. If you actually get a pardon, although it may be rare, you get all of your rights back from before the conviction.

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.