We all know that you should never drink and drive. However sometimes people do things they know they shouldn’t. If you get pulled over there are some things you should do,

First of all, don’t do anything to draw undue attention to yourself and make sure you don’t do anything to make the officer uncomfortable. Roll down the window and keep your hands on the steering wheel where the officer can see them. Don’t pull out your license and insurance information until they ask you to do so.

When they ask you basic information, like name and address, answer them. Don’t volunteer anything. If they ask you if you have been drinking, you don’t have to answer. You can just say that you don’t want to answer their questions. This, however, is going to make them suspicious.

If they ask you to take a field sobriety test, you don’t have to take it. If is not against the law to refuse to take the test, and it is not an admission of guilt. However, if you refuse to take the test, most likely they will arrest you and take you to the police station.

When they get you to the police station, they will want to give you a blood or breath test. Don’t refuse. If you refuse to take the blood or breath test, your license will be suspended for a year, and they will probably charge you with driving under the influence anyway.

If you are charged with driving under the influence, you should consult with an attorney 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.

What is jury nullification and how does it work?

Jury nullification takes place when jurors acquit a defendant who is factually guilty because they disagree with the law as written. For example, juries who disagree with marijuana laws might acquit defendants who had been caught red handed with marijuana.

Is it illegal to mention jury nullification?

According to the U.S. Supreme Court, juries have no right to ignore the law when rendering the jury’s verdict. However, nullification still occurs in certain cases. … Some judges forbid any mention of jury nullification in the courtroom.

What causes jury nullification?

Jurors may wish to nullify for a number of reasons, including a belief that the law is unjust or unjustly applied, belief that the penalty for violating the law is too harsh, or belief that there are mitigating circumstances that would make strict enforcement of the law unjust in a particular case.

Which states allow jury nullification?

Far from being an unintended side-effect, jury nullification is explicitly authorized in the constitutions of 24 states. The constitutions of Maryland, Indiana, Oregon, and Georgia currently have provisions guaranteeing the right of jurors to “judge” or “determine” the law in “all criminal cases.”

Do all 12 jurors have to agree?

Jurors are NOT required to deliver a verdict for all, some, or any charge at all that they are asked to consider. When jurors report to the judge that they cannot agree in sufficient number to deliver a verdict, the jury is said to be “deadlocked” or a “hung jury”.

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 used to be that criminals went down to 7 Eleven with a gun and robbed the place. These days, they just go on their computers to rob you. It has become so common that it’s scary. I have a friend in Colorado whose law firm website was hacked by ransomware. They paid $120,000.00 to get their computers back.

Crooks send emails that are so real looking that it is scary. By all means, be extremely careful before clicking on any links that come in an email. The worst scenario is the situation where people call you on the phone and they convince you that to let them log into your computer remotely. In these situations, they can access your bank account and drain your accounts.

A lot of scams involve Covid 19. Common types of COVID-19 scams include:

• Fake health organizations. Scammers pose as health authorities like the World Health Organization (WHO) and U.S. Centers for Disease Control (CDC) to offer cures, tests, or other COVID-19 information.
• Websites that sell fake products. These sites offer face masks, hand sanitizer, disinfectant wipes, and other high-demand products that never arrive. Buy products from known marketers only.
• Bogus government sources. These scammers claim to issue updates and payments on behalf of the Internal Revenue Service (IRS) or local tax authority.
• Fraudulent financial offers. Scammers may pose as banks, debt collectors, or investors with offers designed to steal your financial information.
• Fake nonprofit donation requests. Many people like to donate to charitable causes to help with disaster relief. This provides an excellent opportunity for scammers to set up fake nonprofits, hospitals, and other organizations to collect funds. Donate directly through a reputable nonprofit’s website instead of clicking on a link you receive by email or text.

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.

Sometimes with the emotions that arise, in the heat of the moment, people who are stopped by the police decide to do things they may not have thought through. They may refuse to sign the summons, or give a false name. Don’t do it. You are just creating additional problems for yourself.

Refusing to sign a traffic ticket.
If you are charged with a criminal traffic violation or any violation that calls for a mandatory hearing, you MUST sign and accept the citation as a promise to appear in court. This is true even if you believe you were wrongfully arrested or accused.

You may be furious that you were unjustly charged with an offense; or, you
may incorrectly believe that your signature in and of itself is an admission of guilt (It is not). Whether the police got it right or wrong, you must sign the citation and battle it out later in court. Failure to sign or accept a citation may cost you sixty days in jail.

Sign the citation and avoid an additional criminal charge. Rest assured that
your signature does not mean you agree with the charges or that you have
admitted culpability. As soon as you can, hire an experienced criminal traffic lawyer to fight your case.

What should I do if I am already charged with Failure to Accept or Sign Summons?
If you have been charged with Failure to Accept or Sign Summons, contact
an experienced criminal defense attorney immediately. A lawyer
experienced in criminal law will know how to fight against your charges.

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

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

Happy Thanksgiving. The holidays can be an emotional time for a lot of people. A lot of people drink too much alcohol during the holidays. People who are prone towards violence are more likely to commit crimes when they are emotional and under the influence.

You are more likely to be a victim of a crime from your own family members during the holidays than from a stranger.

According to Science Direct (2003), there are significantly more complaints about domestic violence on Thanksgiving Day than on any other holiday. There are many variables that may affect the increase of the probability of being assaulted by a person you know.

Any tension between family members may increase during this holiday, and the circumstances may allow perpetrators to commit a crime, especially when it comes to domestic violence.

If you live one someone who has violent tendencies, be on your guard during the holidays. If you someone who has violent tendencies, try to use more constraint during the holidays.

If you have been accused of 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.

In additional to the obvious consequences of a DUI, such as fines, bail, jail time and attorney fees, there are consequences to be concerned about down the road.

First of all is the loss of your license. You can lose your license for 6 months to a year for first time offense and more than that for subsequent convictions.

There can be civil lawsuits. If you were involved in an accident where you caused property damage, or heaven forbid, injuries to the other driver, you can count on a civil lawsuit. While your insurance company is liable, if you look at the limits of their liability in your policy, you will be on the hook for amounts over the limits. This is not hard to reach if there are medical bills and pain and suffering.

You know that your auto insurance premium will do through the roof. The effects of this is likely to go on for some time. To see that extent of this rate hike, you should review your insurance policy with your agent.

Your situation could be impacted in personal ways down the road. Your potential relationships could be affected. It could adversely affect your job applications and business deals. If could affect your application to rent or buy a home. If is possible that your arrest record will appear in a Google search, and for sure, it will be in public records for some time to come.

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 know about Miranda rights. You have the right to remain silent on the grounds that your testimony many incriminate you. However, does this apply to your cellphone? The police may ask you to give them the password to your cellphone. Do you have to give it to them?

The answer depends on the circumstances. They can’t ask for your cellphone password without a reasonable expectation that a crime has been committed and that evidence linked to that crime may exist on your phone.

They can’t just require you to give up your cellphone and go looking around in your phone to see what you’ve been up to.

In any case, you don’t want to give them the password to your cellphone before consulting with a criminal defense 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.

If you bought Cryptocurrency and it went up in value, that gain is taxable. If you don’t pay taxes on it, you   are committing income tax evasion, and could be subject to criminal prosecution.

Bitcoin, the first and most popular cryptocurrency reached a total market cap of over $1 trillion in early 2021.

The government considers cryptocurrency, like Bitcoin, to be “property”. Therefore, the taxable gain occurs when you sell the cryptocurrency, and turn it into cash.

If you have owned the cryptocurrency for over a year, the gain is considered a long term capital gain and taxed at a lower rate. If you have owned the cryptocurrency for less than a year, the gain is considered ordinary taxable income. In order to reduce the amount of taxes owed, you should hold on to the cryptocurrency for over a year if possible.

As you may have heard, legislation that is being considered in congress would beef up the amount of IRS auditing activity, and allow agents access to information for any transaction over $600.

One needs to keep all of this in mind to be cautious and avoid any unnecessary consequences.

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 not think that the main problem with a DUI is financial, but you may not think of the massive costs involved.

Restitution

If your DUI involved a traffic accident, and you are found to be at fault, you may have to pay restitution. Many insurance policies  have limit to the amount of liability they will cover, and you will have pay the amount over the insurance limit.

Car repairs

The insurance may exclude coverage for DUI related expenses. You may have to pay your own medical expenses and repair bills, not to mention towing fees and car rentals.

Bail

Some offense will require jail, and you will have to come up with the bail money.

DUI School

Many offenses require that you attend DUI school. The average cost of DUI School generally ranges from $300 to $500.

Insurance

You know that your insurance premium is going to go through the roof after you are convicted of a DUI

Court Costs and Fines

If you are convicted, your court costs and fees could exceed $3,000.

Probationary Costs

You are going t have to pay at least $50 a month to be on probabtion. Along with monthly probation fees, other probationary costs include random alcohol and drug screenings and the use of an alcohol monitoring device. The alcohol and drug tests are only about $15.00 – $25.00 per test; but when it comes to alcohol monitoring devices, expect to pay around $100.00 per week.

Treatment

The court may require treatment for alcohol addition. In patient treatment may cost $15,000 to $20,000 per month. Don’t count on your insurance to cover this cost.

Loss of Wages.

You know you are going to miss a lot of work to attend hearings and attend court required activities. This loss could be extensive.

Hiring DUI Attorney

Hiring an attorney is also going to be expensive, but it may be an opportunity to reduce the other expenses mentioned above. 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.

Personally, I find driving a boat quite challenging, so I am not tempted to drink alcohol when I’m doing it. However, when I’m not driving, it seems like great way to spend the day – floating along and having an adult beverage. Unfortunately, a lot of people seem to “push the envelope” and drink and drive a boat. This is not a good idea, since it is dangerous and the consequences are monumental.

Law enforcement determine whether you are driving under the influence is a manner similar to when you are driving a car. They check to see if you are able to perform normal functions, like your ability to talk and walk, and they may have observed how you operated your boat.

Florida’s BUI Statutes authorize the prosecution to prove the boat operator’s guilty by submitting evidence of a chemical test taken from the defendant. Law enforcement may take a breath sample or blood test to prove that the boat operator is under the influence. To be found guilty of operating a boat under the influence, the sample must contain 0.08 grams or more of alcohol per every 100 milliliters of blood. Similarly, the defendant may be guilty if their breath test shows a level of 0.08 grams of alcohol or more for every 210 liters of breath.

Florida law also imposes harsher or “enhanced” penalties against boaters with chemical test results that reach a BAC of 0.15 or higher. Enhanced penalties may also be imposed if the operator of the boat was boating under the influence and had a passenger onboard 18 years of age or younger. If found guilty, the defendant could be sentenced to up to nine months for a first conviction and a one-year jail sentence for a second conviction. Additionally, the court could impose a legal fine of between $1,000.00 and $2,000.00 for a first offense and $2,000.00 to $4,000.00 for a second offense, but no less than $4,000.00 for any subsequent offenses.

A first-time BUI conviction carries a jail sentence of up to six months and a fine of $500.00 to $1,000.00.

A second BUI conviction could result in up to nine months in jail and a fine of between $1,000.00 and $2,000.00.

A third BUI conviction may be charged as a third-degree felony in the state of Florida. When the previous offense falls outside the ten-year lookback window, a conviction for a third BUI shall be punished as if a second offense, except that the range of fines the judge can impose falls between $2,000.00 and $5,000.00. A fourth and subsequent conviction is a third-degree felony irrespective of when the previous conviction occurred.

If you have been arrested for driving a boat or a car while under the influence, you should 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.