Getting a DUI conviction can be a devastating thing. The first thing people are concerned about is what are the penalties in Florida.

For 1st offense, BAC above .15, there is a fine of $1518, probation up to 12 months, revoked drivers license 6 months to a year, jail possible, and 6 months ignition interlock.

For second offense, BAC above .15, there is a fine of $2558, up to 12 months probation, revoked drivers license for 5 years, mandatory 10 days in jail, and 2 years of ignition interlock.

We have included a chart with all the different situations below.

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.

I don’t think I know anybody who hasn’t been affected by credit card fraud. Many people have been affected multiple times. It seems to be extremely wide spread. The credit card companies seem to take it in stride. I kind of wonder how seriously credit card companies pursue the matters.

According to recent data, credit card fraud was the most common kind of identity theft in 2019, and it has more than doubled since 2017. In 2019, data breaches resulted in the exposure of about 165 million personal records. Data from Javelin Strategy and Research states that credit card fraud losses numbered around $16 billion in 2016, with the number of victims topping 15.4 million.

Data breaches can lead to a cascade of problems, including cyber criminals opening fraudulent new credit accounts in your name.

Penalties for Credit Card Fraud

Credit card fraud can be prosecuted at the state level or the federal level or both. However, there are a few reasons why it’s common for these types of crimes to be prosecuted at the federal level.

First, cyber criminals that use a credit card to make a fraudulent purchase across state lines can be charged in federal court. Also, the federal government typically has a broader reach and more resources compared to the states. Federal cyber crime task forces may be better equipped to track down credit card fraud.

It’s also possible for someone to be charged with an array of crimes arising out of credit card fraud. For example, someone who uses a credit card to assume another person’s identity may be charged with crimes related to the methods they used to obtain the credit card information. This may include certain counterfeit access devices, such as skimmers.

The consequences an individual may face depend on the circumstances of their case, including the amount of money involved, the person’s criminal history, and even the age of the victim.

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 put up the full amount of the bail with the court, you will get back all or part of that money when the case is over. If you pay a bail agent to post a bond, you will not get that money back.

In Florida, after a person is booked into a jail, there may be a bond set by a judge on the arresting papers (called a capias, or warrant). If so, that person is eligible to be released from jail. If someone is arrested without a bond, he or she will probably have to stay in jail overnight and be taken the next day to a hearing called “first appearance,” where the judge will: (1) release the person on his or her promise to appear at all subsequent court appearances (called signature release, or recognizance release), (2) set a cash or surety bond, or (3) hold a person in jail with no bond, meaning with no opportunity for release.

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.

Yes the police can lie to you. They can tell you they have fingerprints when they don’t. They can tell you they have DNA when they don’t. They can tell you they have an eye witness when they don’t. They can tell you that you are facing huge prison sentences when you may not be.

They may do this in attempt to get you to confess to a crime. The best advice, of course, if you are arrested, is not to talk to police until you have conferred with an attorney.

They do have to read you your rights. You do have the right to remain silent. You do have the right to have an attorney present.

Are lie detector tests useful? Yes. While we all know that lie detector tests are not admissible in court, if you are innocent, and you pass the test, the police may eliminate you as a suspect. However, you should not agree to the test until you have conferred with your 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.

Criminal charges are broken into the two categories based on the seriousness of the

crime.   Factors include the total value of stolen property, who, if anyone, was injured, if weapons were involved in a crime, if you have prior convictions, and a number of other factors. Felony charges are more severe and therefore carry higher potential penalties, including harsh prison sentences and high fines. Misdemeanors, on the other hand, can yield 60 days in jail and a fine of up to $500 for the least serious, or class C, offenses.

The following offenses are considered misdemeanors in Florida include: Petty theft, Battery, Domestic violence, Shoplifting, Vandalism, Disorderly conduct, Giving alcohol to a minor, Driving with a suspended license, Driving under the influence (DUI) and Possession of less than 20 grams of marijuana.

Some common felonies in Florida include: assault, battery, carjacking, homicide, incest, kidnapping, robbery, sexual battery, stalking and grand theft. Punishment for a felony can range between one year and death, depending on the felony and degree of the felony. The Florida legislature has created five categories of felonies, plus a separate category for certain drug crimes.

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 sexual assault cases, very often it comes down to just what the victim says and what the defendant says. How does the jury decide? What would keep a person from making a false claim against someone if all you need is your testimony to get a conviction?

Unfortunately, numerous instances include only circumstantial evidence that leaves room for doubt, making it difficult to press criminal charges. Criminal cases require concrete evidence.

Witnesses
To convince a jury or court of sexual assault, witnesses who agree with your story are very helpful. They increase a plaintiff’s credibility. The testimony of other survivors is also extremely helpful.

Physical Proof
Physical proof is strong evidence for any sexual assault case. If survivors come forward immediately after, a sexual assault kit collects evidence that is highly useful in court, including pictures, DNA samples and more.

However, many who are assaulted may not come forward for an extended period, making this proof difficult to obtain. For those times, do not lose hope; there are other forms of evidence used in court.

Contact
Almost 80% of sexual assault survivors know their assailant. It is highly likely individuals who sexually assault others will contact them before or after the experience.

Keep records of any contact with the defendant, including communication at work, in your personal life or with friends.

Photos and Documents
Similar to other crime scenes, evidence from the scene itself also plays a part in civil cases.
Trace and pattern evidence, such as hair follicles or shoe prints, can prove individuals were at the scene.

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 was a great experience to live in the Tampa Bay area and experience all the things surrounding the Superbowl. The celebratory boat parade was certainly interesting, when Tom Brady threw the trophy to another boat when riding in water 80 feet deep. Fortunately Tom was not driving the boat.

We certainly saw a lot of law enforcement officials on TV before the event talking about criminal activity and human trafficking. The most recent Super Bowl LV in Tampa, FL resumed a common claim during Super Bowls past that major sports events such as these are a magnet for prostitution and sex trafficking.

Such claims are more myth than meaningful. There has never been any evidence that major sporting events are associated with a rise in human trafficking. Despite waves of ominous warnings every year, no city has demonstrated a rise in human trafficking before or after the big game.

That’s included Houston, where Super Bowl LI was held on Feb. 5, 2017. Arrest records after that event indicated low-level arrests for prostitution and driving under the influence. Two years later in Atlanta, an FBI raid timed to coincide with Super Bowl LIII was actually a routine roundup of sex workers.

No statistics are available yet from the most recent Super Bowl events in Tampa. But when the city previously hosted the Super Bowl in 2009, police said they didn’t find a large influx of prostitutes entering Tampa, and the number of arrests for prostitution was almost the same as at any other time.

Even when arrests rise, “There’s not any more trafficking. There are just more arrests,” said Blair Hopkins, Deputy Director of the Sex Workers Outreach Project Behind Bars, a nonprofit group which helps sex workers who are or have been jailed.

In Tampa, the organization has recently bailed out sex workers caught in pre-Super Bowl stings while attempting to put to rest the myth that sports events increasing human trafficking.

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.

To “expunge” is to “erase or remove completely.” In law, “expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal record.

The most important benefits of a criminal record expungement: Assistance with finding a job; Help with obtaining professional licenses; Assistance with joining professional organizations; Preventing the past conviction from being used to impeach your credibility in certain situations.

The following is from the Florida Department of Law Enforcement website:

The processing time to determine eligibility is typically 12 weeks from the date a completed application packet is received.  Extensive research is required to determine eligibility and several factors contribute to the processing time of an application packet.  Application packets are researched in the order received. FDLE does not expedite application packets.

The submission of an application for a Certificate of Eligibility is the first step in sealing or expunging a criminal history record.  A record does not receive relief until a certified court order has been received by FDLE from the court of proper jurisdiction.  For more information related to this process, please visit the frequently asked questions page.

Several types of relief to seal or expunge criminal history records are available. The types of sealing or expungement processes authorized by statute are listed below:

Administrative Expungement – an arrest (adult or juvenile) made contrary to law or by mistake may be expunged by applying to FDLE, in one of the ways provided in statute and rule.
(Per Section 943.0581, Florida Statutes, and Rule 11C-7.008, Florida Administrative Code)

Court-Ordered Sealing or Expungement – a person may apply to FDLE for a Certificate of Eligibility to Seal or Expunge his/her criminal history record. This is the required first step toward obtaining the court-ordered sealing or expungement of that record. Before issuing a Certificate of Eligibility, FDLE determines if the applicant is statutorily eligible to petition the court to have his/her Florida criminal history record sealed or expunged.
(Per Sections 943.059, and 943.0585, Florida Statutes, and Rules 11C-7.006 and 11C-7.007, Florida Administrative Code)

Juvenile Diversion Expungement – a person who has completed an authorized juvenile diversion program for a misdemeanor, may apply for a juvenile diversion expungement, as defined.
(Per Section 943.0582, Florida Statutes, and Rule 11C-7.009, Florida Administrative Code)

Lawful Self-Defense Expungement – a person may apply for a Lawful Self-Defense Certificate of Eligibility if the appropriate state attorney or statewide prosecutor certifies that the subject acted in lawful self-defense pursuant to the provisions related to justifiable use of force in Chapter 776, Florida Statutes, and the charge(s) were not filed on, or were dismissed by the state attorney or the court.
(Per Section 943.0578, Florida Statutes)

Human Trafficking Expungement – a person who is a victim of human trafficking (as defined in Sections 943.0583(1)(c) and 787.06, Florida Statutes) may petition for the expungement of a criminal history record resulting from the arrest or filing of charges for an offense committed or reported to have been committed as a part of the human trafficking scheme of which he/she was a victim.
(Per Section 943.0583, Florida Statutes)

Automatic Juvenile Expungement – the criminal history record of a minor maintained by FDLE will automatically be expunged (by operation of law) at the age of 21, or (if the minor was committed to a juvenile correctional facility or juvenile prison) age 26, provided certain conditions are satisfied (i.e., not having been charged with or convicted of a forcible felony as an adult or when treated as an adult). A list of charges designated as forcible felonies can be found in Section 776.08, Florida Statutes.
(Per Section 943.0515, Florida Statutes)

Early Juvenile Expungement – a person between the ages of 18 and 21 may, under certain conditions, apply to have their juvenile criminal history record expunged by FDLE. A person may apply to the appropriate prosecuting attorney to approve the expungement of his/her FDLE juvenile criminal history record if the subject has not been charged with or found to have committed any criminal offense (including the one that you are seeking to expunge) within the preceding 5 years.
(Per Section 943.0515(1)(b)2, Florida Statutes)

Automatic Sealing – the criminal history record maintained by FDLE will automatically be sealed (by operation of law) when the Clerk of the Court submits a qualifying certified disposition to FDLE, via electronic means. A list of qualifying dispositions can be found in Section 943.0595, Florida Statutes.  A list of disqualifying offenses can be found in Section 943.0595(2)(a),  Florida Statutes.

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 watch a lot of cop shows on TV and we’ve heard a lot about Miranda rights. While it is true that you have the right to remain silent when being questioned by the police doesn’t mean that the police don’t have a right to question you. The best you can do in this situation is to just keep quiet and not answer any of the questions being posed by the police officers until you have legal representation present. Besides, evidence that’s obtained while an accused is in custody without an attorney present after one is requested is not admissible in court. Nevertheless, interrogators may still try to ask you questions, just in case you crack and say something that they might be able to use when convicting you later. It’s simple, if you don’t want to speak to the police, make a clear and unambiguous request for an attorney to be present during any questioning.

Another misconception is that the police can’t lie to you. That is not true also. If the police tell you that they have your fingerprints or DNA from a crime scene and therefore you should plea guilty, they may not have any evidence at all. You should keep this in mind. Talk to your attorney before you make any kind of plea.

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 can buy a Firestick from Amazon, and by following instructions on YouTube, you can access proprietary streaming content like HBO, Showtime and the NFL channel. You probably didn’t realize that it is illegal to do that.

The ever entertaining Brady Judd held a news conference last week where he announced that they had arrested 4 people for selling Firesticks that had been modified to do this. Based on consumer complaints received from shoppers at the International Market World Flea Market near Auburndale, Polk County Sheriff’s Office detectives began an investigation related to the sale of electronic devices marketed as a way to steal internet communications services.

https://www.youtube.com/watch?v=JLncBSR4Sy8

According to Sheriff Judd, if you use a Firestick in this manner, you are committing a misdemeanor, although enforcement would be highly unlikely, If you are selling these devices, it’s a felony, and if they weren’t charging sales tax, that adds a whole new area of problems.

Visibility was the key to their downfall. They were advertising openly at the flea market, and in one lady’s case, in her store. I suspect they never suspected they were committing a 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.