When someone is arrested in Florida, they are entitled to a bond hearing to set the terms of their release from pretrial detention. In most cases, this happens within 24 hours of being arrested.

A Bond Hearing is a procedure for those accused of committing a capital felony in which the defense can present their case to prove that either a) the charges do not come with enough evidence to prove their guilt or b) that the defendant is not a danger to the community at large nor do they risk flight.

At the bond hearing, a judge will first inform the defendant of the charges they face and will receive a copy of the complaint against him or her. The judge will advise the defendant of the right to have legal representation and the right to communicate with counsel, family and friends.

If you have the money, you can post the bail yourself. If you don’t the total amount, you can hire a bond agency, which will issue a bond for up to 90% of the bail amount if you have collateral.

Bond money will be refunded after the final disposition of the case or by order of the Judge. If you paid the money yourself, you will get it back. If you have a bond company, they will keep their fee for providing the service.

If you have been 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.

It’s New Years Eve and everyone is ready to celebrate. This holiday, probably more than any other, is know for heavy drinking. And, people might tend to stay our later than usual since it is customary to celebrate at midnight.

You might not be under the influence and you might be driving perfectly, but you could find yourself in a DUI checkpoint. Have you ever been in one? Do you know what to expect? Do you know what your rights are?

A DUI checkpoint is an area where police have set up a road barricade. Each driver in a DUI checkpoint is stopped and checked for signs of intoxication. Some of the signs are bloodshot eyes, odor of alcohol, and empty containers visible in the car.

If there is probable cause to believe that a driver is intoxicated, he or she will get detained. They will be asked to pull to the side of the road for further examination. All other drivers will be waived through the checkpoint and able to continue with their drive.

Obviously you need to show your drivers license, your registration and proof of insurance. If you don’t have that information in your care, make that your New Years resolution to put it there. You also need to put it in a place where you can quickly lay your hands on it. People are generally nervous when stopped by police or in a check point anyway. You don’t want to create suspicion by nervously fumbling around or being unable to produce the documents.

You do have to provide the papers. But if they start asking other questions, you can decline to answer. However, if you do that, you create more suspicion. If the offer suspects something, he officer will ask you to take a field sobriety test, to test your balance and coordination. You have the right to refuse and ask to speak to an attorney.

Once you arrive at the police station, request again to speak with an attorney if you haven’t done so, before submitting to any tests. You are required by law to take a blood alcohol test. If you refuse it, your license can be revoked or suspended. We suggest you submit to this test; even if the results show you’re intoxicated, we can question the test’s reliability and accuracy.  If you’re given the option of a blood test or a breathalyzer, which only estimates your BAC, it’s better to choose the latter, because breathalyzer test results can often be suppressed.

If you have been charged with a crime, 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 police were out in force this weekend (December 12, 2022). Police criminally charged 69 people during an overnight “DUI wolf pack” operation dedicated to a sheriff’s deputy who was killed last year by a drunken driver, the Pinellas County Sheriff’s Office said Sunday.

Thirty-eight people were arrested for DUI. Other criminal charges included drug offenses, driving with a suspended or revoked license and giving a false name to a law enforcement officer. In three instances, people were wanted on warrants.

First of all, police will pull you over if there is something about your vehicle that gives them a reason to pull you over. If your tags have expired, if your turn signals don’t work, or if your tail lights or head lights or burned out, you are asking for them to pull you over. You would be well advised not to consume even a single drop of alcohol if your vehicle falls into this category.  No sense asking for trouble. If you are driving with dealer plates, you also should watch your peas and cues.

Failing to stay in your lane, swerving, failure to use your blinker, and any other traffic violations, like going through a stop sign or doing other things that made the roadway unsafe. Any of these elements can be very damaging, and a combination of these indicators can be convincing.

Speeding or driving too slow are two sure fire ways to get pulled over. It is amazing that most of the DUI arrests are caused when people fail to use common sense. You shouldn’t be drinking and driving anyway, but you sure as heck shouldn’t be speeding when if you do.

You shouldn’t do anything to draw attention to yourself, whether it is legal or not, if you want to avoid being pulled over. Consuming liquids while driving is a good way to get an officer’s attention. Eight people were given citations this weekend in Pinellas County for open container violations.

If you should 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.

So you are a business person – not a common criminal. But you downloaded pictures from the internet and used them on your website, or maybe your social media postings. Maybe you don’t remember doing it because it happened years ago – but it just now became an issue.

How did they catch you? Very often, these companies embed codes into their pictures. Then they scan the internet with robots, looking for their image codes. When they find you, it’s pretty easy to find your contact information and come after you. If you used images from a company called Getty Images, you may be vulnerable. They have been known for scanning the internet and enforcing copyright violations.

From the governments copyright website:

501. Infringement of copyright

(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be.

(b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright.

This is not likely to be a criminal action. However, you should not ignore it. Technically, every time a person views your website if you have their image, a copyright violation occurs. Technically, you could be exposed for hundreds of violations, with a dollar amount specified by law for each violation.

Typically, the company issues a complaint to the violator with a demand for payment. Typically the amount is between $2,000 and $10,000 for a single violation. Usually an attorney is able to negotiate a more reasonable settlement. If the dollar amount is significant, call an attorney for advice as soon as possible.

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 a public defender a private attorney is that the public defender is appointed by the court to represent you if you cannot afford to hire an attorney. On the other hand, a private attorney is a lawyer whom you pay personally to represent you in court.

First of all, you don’t just automatically get a public defender. You have to qualify for one. If you can show the judge that you qualify after providing information to the court, the judge may appoint a public defender to represent you.

As defined in Florida law, a judge can appoint the public defender to represent a person who has income that is equal to or less than 200 percent of the current federal poverty guidelines or is unable to pay for the services of a private attorney without significant hardship to his or her family.

If I am arrested, should I talk to the police?

If you are arrested, you should request to speak to a lawyer and obtain advice from a lawyer before answering police questions.

Are Public Defenders real attorneys?

Yes. Public Defenders are lawyers who practice criminal law. All have graduated from college and accredited law schools. All assistant public defenders have passed the rigorous requirements of The Florida Bar to practice law in this state.

Will the Public Defender give me an adequate defense?

Theoretically they should. However, there are some things to consider. Very often public defenders have huge case loads. It is not reasonable to assume that they can invest as much time into your case as you would like. The public defender may not have as much experience as the private attorney that you may hire.

The Public Defender may not have the resources available as a private attorney. Public defenders can rarely afford to hire investigators to collect evidence to support your case. A public defender also won’t be able to assist you with related civil law or administrative hearings, which are handled separately (such as driver’s license revocation hearings in a DWI case).

You have to also consider what your peace of mind is worth. Do you think you will sleep better if you or your loved one has the best possible 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.

A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process.

Grounds for issuance of search warrant.—Upon proper affidavits being made, a search warrant may be issued under the provisions of this chapter upon any of the following grounds:

(1) When the property shall have been stolen or embezzled in violation of law;
(2) When any property shall have been used:
(a) As a means to commit any crime;
(b) In connection with gambling, gambling implements and appliances; or
(c) In violation of s. 847.011 or other laws in reference to obscene prints and literature;
(3) When any property constitutes evidence relevant to proving that a felony has been committed;
(4) When any property is being held or possessed:
(a) In violation of any of the laws prohibiting the manufacture, sale, and transportation of intoxicating liquors;
(b) In violation of the fish and game laws;
(c) In violation of the laws relative to food and drug; or
(d) In violation of the laws relative to citrus disease pursuant to s. 581.184; or
(5) When the laws in relation to cruelty to animals, as provided in chapter 828, have been or are violated in any particular building or place.

You have a right to protect your property from unreasonable police procedures. If you or someone you know is about to undergo a search and seizure, contact 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.

If you are in jail, you should appear before a judge within 24 hours of your arrest. The judge will first advise you of the charge(s) for which you have been arrested. The judge then will decide if the police had sufficient legal reasons- called probable cause – to arrest you. You should not talk about the facts of your case at this hearing. The law requires the judge to make this decision based solely on the paperwork before him. Absolutely nothing you say about the facts of your case will assist you at this hearing.

After the judge has decided if there was probable cause to arrest you, he or she will ask you if you wish to be represented by an attorney and, if so, whether you intend to hire private counsel. If you are financially unable to hire your own lawyer, you will need to complete an application form which includes a financial affidavit. The court will also charge you a $50 application fee. The judge will then decide if you qualify for the services of the Public Defender’s Office.

The State Attorney’s office has the sole discretion whether to file formal charges against you. Even if witnesses don’t want to testify against you or want to “drop the charges,” the State Attorney may still charge you. The law of the State of Florida gives the State Attorney this type of discretion. The State Attorney also has subpoena power to make witnesses come to court. If a witness who has been served a subpoena fails to appear, they can be held in contempt of court and fined or sentenced to jail.

If you are in jail, the prosecutor has 33 days from the date you are arrested to file formal charges against you. If formal charges are not filed within 33 days, the court, on the 33rd day and with notice to the State Attorney, may order you released on your own recognizance. The State may petition the court for an extension of time to file formal charges if they can show good cause for doing so. The extension can be for no more than 40 days from the date of your arrest.

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.

Two of the most common programs, specifically mentioned in state law, are home detention and work release. Home detention programs require offenders to serve sentences in specific residential locations.

As part of the new bill, the Biden administration is hiring 87,000 new workers for the Internal Revenue Service (IRS), effectively doubling the agency’s size, as part of a plan to beef up enforcement efforts and find billions of dollars in tax revenues that go uncollected each year.

Perhaps you want to take a look at how you fill out your taxes to make sure you don’t get in trouble.

According to the IRS official website, Criminal Investigation (CI) classifies its investigations into the following program and emphasis areas:

Abusive Return Preparer Enforcement
Return preparer fraud generally involves the orchestrated preparation and filing of false income tax returns (in either paper or electronic form) by unscrupulous preparers who may claim, for example: inflated personal or business expenses, false deductions, unallowable credits or excessive exemptions.

Abusive Tax Schemes
Abusive tax scheme originally took the structure of abusive domestic and foreign trust arrangements. However, these schemes have evolved into sophisticated arrangements that take advantage of the financial secrecy laws of some foreign jurisdictions and the availability of credit/debit cards issued from offshore financial institutions.

Bankruptcy Fraud
One of Criminal Investigation’s goals in bankruptcy fraud investigations is to increase voluntary compliance with federal tax laws through the prosecution of those committing significant crimes in the bankruptcy arena. Since the IRS is often a major creditor in many bankruptcy proceedings, it is important that we protect the interests of the IRS.

Corporate Fraud
Corporate fraud frequently involves violations of the Internal Revenue Code (IRC) through falsification of corporate and individual tax returns and CI has exclusive investigatory jurisdiction over criminal violations of the IRC.

Employment Tax Enforcement
Employment tax evasion schemes can take a variety of forms. Some of the more prevalent methods of evasion include pyramiding, employee leasing, paying employees in cash, filing false payroll tax returns or failing to file payroll tax returns. Evading employment taxes can have serious consequences for employers and the employees.

Financial Institution Fraud
Criminal Investigation focuses on tax and money laundering violations involving fraud against banks, savings and loan associations, credit unions, check cashers, money remitters, and other financial institutions. Currency Transaction Reports and Suspicious Activity Reports continue to be effective investigative tools in the financial world.

Gaming
Illegal gaming operations, including bookmaking, numbers, Internet and some charitable gaming operations, continue to be areas of compliance concern. Criminal Investigation continues to play an enforcement role in the illegal gaming industry and to support regulatory and legislative initiatives aimed at eliminating an environment conducive to illegal gambling.

General Fraud Investigations
Criminal Investigation special agents investigate violations of the tax laws and related financial crimes. Taxpayers who chose to willfully and intentionally not comply with their legal responsibility to file required tax returns and/or pay taxes pose a serious threat to tax administration and the American economy.

Healthcare Fraud
Multi-agency healthcare fraud investigations and prosecutions show that perpetrators of these schemes financially benefited from their fraudulent activities in false billings, mental health, nursing home fraud, chiropractic fraud, durable medical equipment fraud, staged accidents, pharmaceutical diversion, and patient referral (kickbacks) schemes. In these investigations, Criminal Investigation follows the money trail and considers both tax and money laundering perspectives.

If you are the subject of a criminal investigation, call our office. 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 they arrest you without a warrant? Yes they can. Ever wonder what is necessary for the police to arrest you? There are the conditions:

*When they witness a crime;
*When an officer has probable cause, an individual arrested perpetrated a criminal offense;
*An officer has an arrest warrant administered by a judge or summons by a magistrate.

Ever wonder what it’s like? It’s not fun. You will probably be handcuffed. When you get to the police station, they will take your fingerprints. Your mug shot will be taken, which very likely might end up on the internet. It is unsetting and traumatic and you will never forget it.

They will be handcuffed, placed in a small jail cell, recorded their fingerprints, and have their mugshot taken. The circumstances are cold, frightening, and for many, overwhelming.

Listen for your Maranda rights. Everyone who has ever watched television knows they have to read you your Miranda rights. It’s not likely they will forget to do it, but you never know. It might be your lucky day.

If you are ever arrested, you should consider calling an attorney right away. You could be facing jail time, fines or both. Your attorney will attempt to find the best strategy to fight the charges and challenge any questionable evidence.

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.