A false accusation is a claim or allegation of wrongdoing that is untrue and/or otherwise unsupported by facts. False accusations are also known as groundless accusations or unfounded accusations or false allegations or false claims.

What should you do if you are falsely accused.
First of all, try not to get upset. It doesn’t help. You can calmly deal with the situation. If you are facing criminal charges, consult with a criminal defense attorney. As soon as possible, you want to gather and record your own evidence. “The truth shall make you free”. If you are innocent, hopefully you can prove it.

You want to take a long look at the accuser. Figure out why that person would want to accuse you. Maybe that person has some issues that would make them not credible.

When you meet with your attorney, hopefully you can develop a strategy to dispose of the issue as quickly as possible.

What is the punishment for falsely accusing someone?
In California, the crime of false accusations is a misdemeanor and you can be prosecuted for it. The penalties for giving false information to the police are up to six months in jail and possible fines. Depending on the circumstances, you could also be granted probation.

Can you sue someone who falsely accuses you?
You can file a  civil lawsuit for defamation of character via false allegations of a crime can come in two forms: slander and libel.

Civil lawsuits over slander or libel each target false statements which do harm to a person’s reputation. The difference is that slander involves oral or spoken statements made to a third party, while libel involves written, visual or Internet-based depictions which were published or publicly posted for others to read.

To establish slander in a civil lawsuit, you must prove that someone made the accusations against you while knowing they were false and did so with the intent of hurting your job standing or reputation.

For libel, your civil lawsuit must prove that the written or printed accusations against you were false and were made in a willfully defamatory manner — that is, with malice and intent.

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.

Who can carry a weapon and under what circumstances?

Unlawful possession of a firearm can be a misdemeanor or felony. Felons in possession of a firearm face a mandatory minimum 3-year prison sentence and up to 15 years in prison. Allowing a minor under 16 to possess a loaded firearm is a 2nd degree misdemeanor punishable by up to 60 days in jail.

A felony weapons charge involves the illegal possession, transportation or distribution of firearms. Many felony weapons cases deal with defendants with prior records who are not legally allowed to possess any type of firearm.

Unlawful Possession of a Firearm
Carrying a firearm without a license under Florida law is a first-degree misdemeanor. A first conviction for this crime is punishable by up to one year in jail and a $1,000 fine.

Carrying a Concealed Firearm Without a Permit
If you conceal your gun on your person and don’t have a license to do so, you could face a third-degree felony charge punishable by up to five years in prison and a $5,000 fine.

Unlawful Discharge of a Firearm
It’s a third-degree felony to fire a gun in a public place or negligently discharge a firearm outside a residentially zoned dwelling. This crime is punishable by up to five years in prison and a $5,000 fine.

Shooting a Firearm in Public
In Florida, it’s illegal to fire a gun in a public place or to negligently discharge a firearm outside a residentially zoned dwelling unless you are defending life or property. This crime is a third-degree felony. Even if you discharge the gun recreationally, like for target shooting, in an area you know is residential, you can face a first-degree misdemeanor charge. If you discharge a weapon in a vehicle within 1,000 feet of another person, it is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine.

Discharging a machine gun in a public place, public street, or public park with intent to do bodily harm is a first-degree felony punishable by anywhere from 25 years to life and a $10,000 to $15,000 fine.

Possession of a Stolen Firearm
According to our Fort Lauderdale criminal defense attorney, possession of a stolen firearm in Florida can involve multiple charges, including possessing the stolen property and illegally possessing a firearm. You could face multiple felony weapons charges in Florida, including anywhere from third-degree to first-degree felonies, depending on the circumstances of your arrest.

Using a Firearm While Committing a Crime
Under Florida law, if you use a firearm while committing another crime that is a felony, the weapons charge alone is a second-degree felony punishable by up to five years in prison and a $5,000 fine. Even carrying a concealed weapon while committing a crime is a third-degree felony charge. For example, for assault with a deadly weapon, you could face a second-degree felony charge for the weapons violation and charges for the assault.

Using a Firearm Under the Influence of Alcohol or Drugs
Using a firearm while impaired on alcohol or drugs is a second-degree misdemeanor. A conviction for this charge is punishable by up to 60 days in jail and a $500 fine.

Brandishing a Firearm
Carrying a weapon, including a firearm in “a rude, careless, angry, or threatening manner, not in necessary self-defense,” can lead to a first-degree misdemeanor in Florida. A conviction for this charge is punishable by up to one year in jail and a $1,000 fine.

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 false accusation is a claim or allegation of wrongdoing that is untrue and/or otherwise unsupported by facts. False accusations are also known as groundless accusations or unfounded accusations or false allegations or false claims.

How do you deal with false accusations?

Hillsborough County has a program that allows you to avoid prosecution for DUI. RIDR seeks to aggressively target and reduce impaired driving by imposing enhanced sanctions like alcohol monitoring devices and DUI education programs on first-time, non-aggravated DUI offenders.

Eligibility

1. Case must be a misdemeanor DUI.
2. No minor in the vehicle, BAC of .20 or higher, or a crash.
3. No prior: DUI, alcohol-related reckless driving, DWLS with
serious bodily injury or death, leaving the scene of an accident
with injury or death, vehicular homicide, DUI diversion program
or more than one non-DUI diversion program as an adult, or, in
the five years prior to the date of offense, no adjudication, a
withhold, or any portion of a sentence on a felony.
4. No pending: Florida driver license suspension, DUI, DWLS with
serious bodily injury or death, leaving the scene of an accident
with injury or death, vehicular homicide, or participation in Pre-Trial Intervention or probation.

From the Office of the State Attorney website.

PRE-PLEA SANCTIONS
All offenders must:
 remain crime-free;
 complete DUI School and begin recommended treatment;
 attend the MADD Victim Impact Panel; and
 complete ten community service hours.
Level 1 and Level 2 offenders must further:
 provide proof of installation of ignition interlock alcohol
monitoring device or a continuous alcohol monitoring
device, e.g. SCRAM.
Level 3 offenders must further:
 not possess or consume alcohol, illegal drugs, or nonprescribed drugs; and
 use PharmCheck Drugs of Abuse Patch with results
provided to the SAO.

PLEA OFFER
Upon satisfaction of the Pre-Plea Sanctions, offenders will be offered a
plea of reckless driving with the following sanctions:
 Withhold of adjudication;
 Twelve months probation;
 Standard court costs and conditions of probation;
 Ten day vehicle immobilization;
 No possession or consumption of alcohol, illegal drugs, or
non-prescribed drugs during probation; and
 Successful completion of DUI School and any recommended
treatment.
Level 1 offenders must further complete:
 Fifty community service; and
 Three months of ignition interlock alcohol monitoring or
continuous alcohol monitoring.
Level 2 offenders must further complete:
 Seventy-five community service hours; and
 Six months of ignition interlock alcohol monitoring or
continuous alcohol monitoring.
Level 3 offenders must further:
 Complete fifty community service hours; and
 Wear a PharmCheck Drugs of Abuse Patch for three
months with results provided to HCSO Probation.

If you live in Hillsborough County and have been arrested for DUI, call our office to find out more about this program. 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 people are having arguments, particularly when alcohol is involved, sometimes the police get called. Whether you are guilty or not, and whether you are charged with a crime or not, this situation could harm your life forever.

When the police arrive, it is a judgement call as to whether an arrest is made. When the angry other party sobers up the next day, and if they decide you really didn’t do anything wrong, the damage might already been done. There are companies that take your mug shot from public records of the arrest and post it on their websites. When people Google your name, that mug shot could show up. When you are looking or a job or a new place to live, or if you have your own business, this can be devastating. While it may be illegal for the website company to charge a fee to take down your picture from their website, clearly there is a profit motive in effect here.

It’s not just your wife who could call about you. It could be your girlfriend, your roommate, or even your parent.

Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.

For domestic violence to occur, the abuse does not have to be physical. Domestic abuse can be emotional, verbal, or psychological. Behavior such as stalking, hitting, threatening, harassing, destroying someone’s property, or disturbing someone’s peace can all be considered domestic violence and could result in police officers showing up to your house if they are called.

If you find yourself in this situation, say as little as possible and remain calm. By all means, do not demonstrate any anger towards the person who made the call, and if possible, do not communicate with that person while the police are present. The police will have to decide if there is evidence that something unlawful occurred.

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.

In Florida, the crime of Unlawful Sexual Activity with Minors makes it illegal for a person 24 or older to have consensual sex with a 16 or 17 year old.

If the victim claimed to be older than 18 and if she looked older than 18, that does not matter. That is not a valid defense for the crime of unlawful sexual activity with minors.

It can be legal for a person 18 to 23 to have consensual sex with a person 16 or 17 years old, but if the victim claims that it was not consensual, it is considered unlawful sexual activity with minors. If the victim is under the age of 16, they are considered unable to decide for themselves and it is automatically considered a crime.

Potential consequences include jail or prison time, fines, probation, mandatory registration as a sex offender, civil penalties, the collateral consequences of a criminal conviction, living or workplace limitations, and social stigmatization. These can be life altering consequences from which a person may not be able to recover.

A person listed as a sexual predator is going to have a difficult time finding a job, finding a place to live, socializing and fitting into society in general.

If you or a loved one have been accused of such a crime, it is imperative that you have a consultation 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.

Which types of charges and convictions can be expunged? What are the requirements?

A petition to expunge (or seal) your criminal records must be done at the court where the arrest or conviction happened. A sealing or expungement in Florida will completely remove the incident from your records. An expungement seals and destroys the records of the arrest and case.

How long does expungement take in Florida?

The time to complete a Florida record sealing or record expungement is 5-7 months on average. The length of time depends on various factors: Whether your case is going to be a sealing or expungement (expungements take a bit more time due to additional legal requirements).

You may not realize it, but you still have a criminal record, even if the charges were dropped or dismissed. You still have an arrest record, which is public information. This can be a problem when looking for a job, applying for credit or even in your social life.

What are the requirements for an expungement?

• The applicant must attest that he or she has never had a record sealed or expunged before in Florida or in another jurisdiction.
• A person can only seal or expunge one arrest record in one proceeding.
• More than one record may be sealed or expunged in the same proceeding if the arrests are directly related; however, it is at the discretion of the court.
• A record that was ineligible for expunction may be eligible only after it has been sealed for 10 years.
• You cannot seal or expunge one arrest record and later on in a different proceeding, ask to have a different record sealed or expunged.
• A charge which resulted in a not guilty verdict after trial cannot be expunged until it has first been sealed for 10 years.
• You can no longer be under court supervision for the alleged criminal activity for which the petition to expunge pertains.

In order to get an expungement, you have to file a petition with the court. If you would like to discuss your case with Alex Truluck, call for an appointment. 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 is insider trading and why is it illegal?

Insider trading is deemed to be illegal when the material information is still non-public and this comes with harsh consequences, including both potential fines and jail time. Material nonpublic information is defined as any information that could substantially impact the stock price of that company.

What type of insider trading is illegal?

Illegal insider trading refers generally to buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, on the basis of material, nonpublic information about the security.

What are the rules for insider trading?

An Insider should never trade the Company’s stock while you are in possession of material, nonpublic information about the Company. Additionally, you should not discuss or reveal such “inside information” about the Company to anyone, except as strictly required for a legitimate Company business purpose.

What is the criminal penalty for insider trading?

The maximum sentence for an insider trading violation is 20 years in a federal penitentiary. The maximum criminal fine for individuals is $5,000,000, and the maximum fine for “non-natural” persons (such as an entity whose securities are publicly traded) is $25,000,000.

Can you buy stock in a company your family works for?

The more infamous form of insider trading is the illegal use of non-public material information for profit. 1 It’s important to remember this can be done by anyone including company executives, their friends, and relatives, or just a regular person on the street, as long as the information is not publicly known.

Are you being investigated for insider trading? Perhaps you should have a consultation 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.

We all spend a lot of time watching criminal proceedings on TV. (We don’t very often watch TV shows about blog posters). The public in general is fairly informed about criminal proceedings. However, there might be some incorrect assumptions.

You may assume that your case will be dismissed if they did not read you your Miranda rights. This is not necessarily true. If they got you to give incriminating evidence when  interrogating you, that information cannot be introduced at trial. Normally after you have been arrested and before you are interrogated, you are read your Miranda rights. However, if they miss that step, that doesn’t mean you are off the hook.

You may assume that you will not be prosecuted if there is no DNA evidence in your case. This is not necessarily true. There are lots of types of evidence. There are witness statements and expert witness testimony. There may be surveillance video. There may be incriminating statements made by the accused. DNA is not the only game in town.

You may assume that the prosecutor has to prove motive. It is certainly extremely helpful to the prosecutor’s case if they can prove motive. However, if there is compelling evidence, the motive may not be necessary. Prosecutors are obviously going to try to establish the state of mind of the accused. They will discuss include intentional, knowing, recklessness (or gross negligence), negligence, or even unintentional acts. But they may have to use speculation.

The best way to get a solid legal defense is to consult with a criminal law attorney that practices specifically in Florida.

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.

Like most white-collar crimes, insider trading is often paired with another charge like fraud, wire fraud, or conspiracy. This makes things complicated because these crimes are charged per instance. In other words, for wire fraud, every email, phone call, text, or letter is one count.

What kind of crime is insider trading?

Insider trading is deemed to be illegal when the material information is still non-public and this comes with harsh consequences, including both potential fines and jail time. Material nonpublic information is defined as any information that could substantially impact the stock price of that company.

What are some examples of white-collar crimes?

The following is an inclusive list of white-collar offenses : antitrust violations, bankruptcy fraud, bribery, computer and internet fraud, counterfeiting, credit card fraud, economic espionage and trade secret theft, embezzlement, environmental law violations, financial institution fraud, government fraud, healthcare …

Is insider trading a victimless crime?

Insider trading is referred to as one of a number of white-collar crimes that are victimless. However, there are a number of negative repercussions to this type of offense, which is why it is illegal. The stock market itself is manipulated as a result of insider trading.

Give and example of  insider trading.

Former Netflix Engineer Sentenced to Two Years in Prison for Insider Trading. Sung Mo Jun, 49, was also given a $15,000 fine for leading an insider trading ring that brought in more than $3 million in profit based on information about Netflix’s subscriber growth.

Is insider trading civil or criminal?

Insider trading can be punished strictly by civil sanctions, or involve criminal prosecution, or both. Federal law authorizes what are known as “treble” damages if the SEC brings a civil action against you for violating insider trading rules.

Have you been accused of a white color 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.