Local authorities have advised us that there is a widely spread scam currently being operated in the area, primarily with older victims. The victim is told by the scammer that their loved one, typically a grandson or granddaughter, is in some sort of trouble, like an arrest for DUI or assault. The victim is told not to tell other family members of loved ones about the problem at the request of the grandchild.

The victims are being told to purchase bitcom coins or prepaid gift cards, which are to be sent to the scammer. We were told about one situation recently where an 88 year old woman sent $20,000 in cash by UPS to an address specified by the scammers. Fortunately in this case, UPS intercepted the shipment when the UPS driver became suspicious. Apparently the address was an abandoned building. The cash was returned to the victim.

Another scam being reported currently involves gift cards. Apparently the scammers scan the gift card information while the victim is buying the gift card in the store. Then the gift card balance is transferred by the scammer electronically.

If you have been accused of operating a scam to any other 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.

Domestic assault is an assault against a member of a family or a household, or a past or current dating partner. Such an assault involves intentionally, knowingly or recklessly causing bodily injury to that person; intentionally or knowingly threatening the person with imminent bodily injury—or intentionally or knowingly causing physical contact with the person when the offender knows or reasonably should know that the victim will find such contact provocative or offensive.

If the defendant has no previous domestic assault convictions, such a crime usually is a misdemeanor, with punishments in the neighborhood of up to 1 year in jail and a fine of up to $4,000. For a defendant with a previous domestic assault conviction, the crime of domestic assault is more serious, with punishments of maybe 2 to 10 years in prison and a fine of up to $10,000.

There are a couple of ways to avoid jail or prison for domestic assault. Chief among them are deferred prosecution and probation.

DEFERRED PROSECUTION
One alternative that’s often offered to first-time offenders is “deferred prosecution.” This may be granted when the defendant pleads guilty and the court postpones sentencing for a period of time.

During that time the defendant must comply with probation orders, must have no new arrests and must complete such requirements as finishing domestic violence offender treatment, doing volunteer work in the community or paying restitution.

Restitution involves paying a victim for any costs caused by the crime, such as medical or counseling expenses or the costs to repair or replace property which was damaged in the crime.

When those things are done successfully, the court can dismiss the case and discharge the defendant. However, the arrest, the deferred prosecution and the dismissal will remain on the defendant’s criminal record.

Failure to do these things means the court can enter a conviction and impose a sentence from among those noted above.

Deferred prosecution is not available as a sentencing alternative when the crime is aggravated domestic assault, which can be a first- or second-degree felony, or continuous violence against the family, which is a third-degree felony.

PROBATION
Another alternative to jail or prison when it comes to the crime of domestic assault is probation.

When a defendant pleads guilty or is convicted, the court can grant community supervision instead of imposing a jail or prison sentence. This can be for up to 2 years for a misdemeanor and up to 10 years for a felony.

The court may require a defendant to serve some jail or prison time before starting community supervision. Usually, that is 180 days for a felony and 30 days for a misdemeanor. Then, the community supervision or probation period begins.

If the defendant fails to comply with the community supervision conditions imposed by the court, he or she must return to jail or prison to complete the sentence.

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 hard to imagine that the criminals may not have to worry about selling heroine, but

they have to watch out for giving grandma some cranberries. With the virus statistics spiking and getting out of hand, many local governments are seeing to make regulations based on preventing the spread of the virus. That includes limiting the number of people allowed at your thanksgiving dinner table. However, the good news is in. The police in New York have better things to do than bust grandma for eating a candied yam.

According to Newser.com :

If you’re a New Yorker who is worried that your Thanksgiving head count could get you in trouble, a number of sheriffs are suggesting you be more concerned about getting the lumps out of your gravy. While the state is currently under an executive order issued by Gov. Andrew Cuomo that limits indoor and outdoor gatherings at family homes to 10 guests to hinder the spread of COVID, sheriffs in counties including Rensselaer, Erie, and Saratoga are coming out to publicly say they have no plans to count cars in driveways or do any other form of enforcing, with the New York Times quoting one upstate sheriff as saying his office would never muck with “the great tradition of Thanksgiving dinner.” Another announced that going home to home “to see how many Turkey or Tofu eaters are present is not a priority.” Officials in New York City expressed they had better things to do, too.

Sheriff Richard Giardino of Fulton County, northwest of Albany, stated on Facebook that residents don’t even need to try to hide their violation of the order: “Monitoring family dinners [isn’t] our priority. Don’t feel a need to hide cars, cover with leaves or walk 3 blocks so your house doesn’t become a target of the Governors EO,” he wrote. The same doesn’t appear to be true on Long Island, where the Suffolk County PD said they were ramping up holiday staffing so that they could respond to complaints that are called in.

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.

Many people are truly careless with the information that they put on social media. Obviously burglars might find an opportunity if you way you are going away for a while. If you mention heavy drinking and implied drug use, this could affect a job application and even credit applications. When in doubt, leave it out.

Social Media Companies May No Longer Refuse to Turn Over Relevant Information to Those Facing Criminal Charges. In August 2020, the California Supreme Court sent a case for attempted murder back to the trial court to provide the accused a new trial. The high court did so because they did not believe that social media companies like Facebook and Twitter should always be able to refuse to comply with subpoenas in criminal cases.

Facebook, as it has in a high number of other cases, maintained that the Stored Communications Act bars it from having to disclose the private content of its users’ accounts in response to a criminal subpoena. Facebook claims it is protected under the 1986 law as an entity providing “computer processing services.”

For many years persons accused of crimes were likely convicted of crimes because relevant evidence that could have led to their exoneration was withheld from them. This was because social media giants like Facebook and Twitter would refuse to comply with lawful subpoenas issued by criminal defense law firms like. More often than not they would ignore subpoenas from criminal defense lawyers fighting hard for their clients. The courts would offer no help to those persons facing many years in prison if they were convicted of these crimes.

Recently it has come into question whether social media companies are actually protected due to their business models. Facebook’s protection under the SCA has been called into question because its users are authorized to access communications for purposes other than storage or computer processing. The California Supreme Court in the pointed out Facebook’s policy on mining, analyzing and sharing information.

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 cash bail?

Most jurisdictions in the country operate a cash bail system, in which the court determines an amount of money that a person has to pay in order to secure their release from detention. The cash amount serves as collateral to ensure that the defendant appears in court for their trial.

Cash bail is used as a guarantee that a defendant will return for a trial or hearings. The money is returned after they make all necessary court appearances, otherwise the bail is forfeited to the government.

What is a bail bondsman?

Bail bondsmen, also called bail bond agents, provide written agreements to criminal courts to pay the bail in full if the defendants whose appearances they guarantee fail to appear on their trial dates.

Usually the bail bond money is refundable, but very often it depends on the person who is arrested. When the bail is posted, it means the person can move out freely, by paying the desired amount to the court. The amount will be refunded provided the suspect visits the court whenever he is asked to attend the court.

In Florida, it is common for the bail bondsman to charge a fee of 10% of the total assigned bail. After the bail bondsman posts the bail, the arrestee is released from jail.

The fee that the bail bondsman charges is non refundable.

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 right of felons to vote has become a political football lately. In Florida, felons can vote. Recently, the Republican controlled legislature passed a law stating that felons can’t vote unless they fulfill all aspects of their sentence including probation. A recent ruling declared that must include all restitution and court fines and fees. This ruling is being contested in the courts, and we will hear a lot more about that in the future.

Recently, former New York mayor Michael Bloomberg raised some $16 million for a fund established by the Florida Rights Restoration Coalition to help felons who have completed their sentences vote in the upcoming election. He is using that money to pay the outstanding fines and restitution for Florida felons. Most people assume that he is doing that because he assumes that the felons will vote for the democratic candidates in the next election. This is a real benefit for the felons themselves and the local court systems who will experience an influx of cash.

Florida’s attorney general is asking law enforcement agencies to open an investigation of a contribution made by billionaire and former New York City Mayor Mike Bloomberg to help pay the fines and court fees of felons.

The Bloomberg donation spurred a reaction from U.S. Rep. Matt Gaetz, R-Fla., an outspoken Trump ally. On Fox News this week, Gaetz called on Florida’s attorney general to investigate whether Bloomberg was violating state law.

This is really getting interesting.

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.

Unfortunately, particularly when there is alcohol involved, you may find yourself on the wrong end of a domestic violence charge.  You may not know it, but is widely believed that the majority of domestic violence charges are false. You should not take this lightly. Do not assume that your accuser will come to their senses and this all will go away. This matter might show up in a Google search for years to come, and could affect you adversely in a job application or a business deal. There are defenses that you can make against a domestic violence charge.

The Allegations Against You are False
Again, many domestic violence arrests result from false allegations. When the police respond to a report of domestic violence, in most cases, they have an obligation to make an arrest in order to protect the claimed victim. This sets off a whole sequence of events, and it can quickly seem as though you are being treated as guilty until proven innocent.

How do you prove that domestic violence allegations are false? Depending on the circumstances, there are a number of different possibilities. Witnesses may be able to testify as to what really happened, you may be able to present an alibi, or the claimed victim may even admit to fabricating his or her accusations in a text message or on social media. When you hire a criminal defense lawyer to represent you, your lawyer will examine all potential sources of evidence in order to determine if it is possible to disprove the allegations against you.

You Acted in Self-Defense or in Defense of a Family Member
Acting in self-defense or in defense of a family member is a defense to domestic violence. These are what are known as “justification” defenses, which means that you can be found not-guilty even if you did in fact physically attack a family or household member. If you acted to save yourself or someone else (i.e. a child) who was at risk for suffering serious or fatal injuries as a result of abuse, then you are not guilty of a crime. These defenses frequently apply in domestic violence cases, and your attorney can determine if they are available under the facts of your particular case.

You Did Not Commit “Abuse” as Defined By Law
Domestic violence statutes use the term “abuse” to describe the types of conduct that can lead to criminal charges. Examples include:

“Attempting to cause . . . bodily injury.”
“[I]ntentionally, knowingly or recklessly causing bodily injury.”
“Placing another in reasonable fear of imminent serious bodily injury.”
“The infliction of false imprisonment.”
“Knowingly engaging in a course of conduct . . . under circumstances which place the [victim] in reasonable fear of bodily injury.”
In order to convict you, the prosecutor’s office must be able to prove that you committed one of the above forms of abuse. If you accidentally hurt a member of your family or household, then you are not guilty of “intentionally, knowingly, or recklessly causing bodily injury.” If the claimed victim’s fear of imminent serious bodily injury was unreasonable, then you did not commit a crime. These are just two examples of the many factual issues that can justify a not-guilty verdict at trial.

The Police Violated Your Constitutional Rights
While there are special rules that apply when the police respond to a report of domestic violence, the police still have a duty to observe alleged assailants’ constitutional rights. If the police violate your constitutional rights (i.e. by arresting you without probable cause or interrogating you in custody without reading the Miranda warning), then this can provide a defense in your domestic violence case.

When reviewing your case, your attorney will be able to determine if you have grounds to file a motion to suppress the prosecution’s evidence against you. If so, and if the motion is successful, then this may prevent the prosecutor’s office from being able to prove your guilt beyond a reasonable doubt.

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.

Almost every part of our society has been affected by the virus; movies, theaters, restaurants, sports, haircuts, etc. One should not be surprised to hear that criminal courts have had to adapt to the virus. Thankfully, that doesn’t mean that things have stopped for  cases. For all it’s worth, one can still talk with their criminal defense lawyer in this age of coronavirus, through a variety of methods.

Consulting Off-Site
One of the consequences of the pandemic is the need to keep people at home to avoid the spread of infection. The result included the closure of several shops and the holding off on sending workers to do their jobs. With most employees and workers now working from home, self-employed professionals like defense lawyers are following suit.

Clients these days can keep in touch with clients through a variety of online resources, including email correspondence and social media (provided the proper social media channels are used or agreed upon by both client and lawyer). These days, there are also new apps that allow more efficient meetings online. Such technologies, such as Skype and Zoom, have been used extensively in other fields and can help clients get more in-touch with their attorneys.

Know what to Ask, and How
Communication is a two-way process that needs clear paths in order to be effective. It becomes more critical in times like this, when movement is limited and people can’t meet with each other. Maintaining communication with your lawyer is your only way of getting an acquittal for your DUI or domestic violence charge, after all.

Keeping in Touch
On the other hand, attorneys have a duty to stay updated on the status of their clients, even in situations like these. In times like these when a final verdict for their case is delayed not just by the bureaucratic machine but also by a major national emergency, it helps reassure clients that their lawyers are still out there and looking out for them.

Lawyers are expected to maintain constructive communication with clients even in times of high risk. The well-being of the client and his or her case is of high priority, after all. Additionally, lawyers should inform their clients about how the current situation with the pandemic will affect their legal prospects. Not only will they have to explain the delays (if their case is minor), they will also explain if the pandemic lockdown will have other pertaining effects on how their case will proceed.

Know what to Ask, and How
Communication is a two-way process that needs clear paths in order to be effective. It becomes more critical in times like this, when movement is limited and people can’t meet with each other.

At this point, the client should have an idea of what things they need to know about their situation now that most of the courts are scaling back services to prevent the spread of infection. Keep abreast of news in general and legal news in particular, and list down things that are relevant to the case. Letting the lawyer know about concerns that are directly related to the client and the pandemic situation will make the communication flow smoother.

The pandemic should not be a hindrance for the lawyer and the client in order for them to deal with the charges effectively. Effective, knowledgeable and secure use of modern communication tools can go a long way to having a uniform lawyer-client relationship even in times of emergency.

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 world is a different place since the virus hit. Gone are concerts and going to bars and many facets of our daily life. The virus has drastically affected the court system with the majority of hearings being held online in one format or another. If you are required to be at a hearing, you may get an invitation to attend on-line, complete with date and time and login instructions.

Even though the hearing is on line, you should follow some common sense guidelines.

Arrive on time – Just like attending a court hearing in person, there are specific calendar appointments and tightly scheduled cases. This means it’s imperative that you arrive on time so that no one is held back and everything runs smoothly. Be prepared to log on at least five to ten minutes before your scheduled time to make sure you have no connection issues.

Dress appropriately – You may be in the comfort of your own home, but that doesn’t mean you can skip getting dressed and looking presentable. How you present yourself says a lot in a courtroom, and the judge will call you out if you aren’t dressed appropriately.

Mute your microphone, but remain on camera – Similar to a regular hearing, there are several cases scheduled for the same time slot and the judge will call each one upon their turn. While you are waiting to be called, it’s important to keep your microphone on mute as to not disturb the other listeners. The bailiff and judge’s assistant are taking attendance notes. Making sure your name is correctly displayed and you are available on camera allows for this to be an easier process.

Be prepared to answer questions – Even though the setting is different, the process is still the same. When the judge calls for your case, be ready with all necessary materials and paperwork needed to answer the questions that the judge may have for you pertaining to your case. If you have retained an attorney, they will also be present via computer from their location and can handle answering on your behalf.

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 you apply for citizenship, the court is looking for an applicant that is of good moral character. If you are convicted of a crime, you will most likely not be granted citizenship, and most likely will be deported. Therefore, if you are arrested for a crime, you should consult with a criminal defense attorney if at all possible.

Arrest vs. Conviction
It’s important to first know the difference between an arrest and a conviction. The definition of both terms is the same for immigrants and citizens alike. An arrest means that you’ve been detained on a suspicion that you’ve committed a certain crime. However, you are detained based on probable cause and haven’t yet been found guilty. A conviction means that the state was able to prove beyond reasonable doubt that you’re guilty.

By definition, an arrest doesn’t require as much information as a conviction, and if you’re in one of the following situations then it means you haven’t yet been convicted of a crime:

A resolution for your case was determined through probation.
The court has established you as a delinquent through juvenile court, an outcome which is very different from a conviction.
You went through a full trial and were acquitted due to a lack of proof from the prosecutor
The charges against you were dropped after the arrest due to a lack of sufficient evidence on the part of the prosecuting attorney.

When Does an Arrest Matter?
Good moral character is one of the most important considerations that U.S. immigration law takes into account when deciding on a case. Another consideration that U.S. immigration officials will look into is your arrest record. If it’s found that you have had a history of drug abuse or drug trafficking, this will be taken as part of your character assessment. Therefore, it’s not necessary for you to have a conviction in order for the U.S. government to deny your citizenship application.

Prior Arrests
As you undergo the naturalization process, it’s important that you disclose any arrests, convictions, detentions or citations that you’ve been through prior to your application. It’s also in your best interest to reveal whether you’ve engaged in criminal activity, regardless of whether or not you were convicted for those activities.

Keep in mind here that the whole point of this exercise is to prove that you have good moral character and that you have maintained a good record five years prior to your application. This is not to say that officials won’t look into an earlier part of your past because they can go back as far as 10 years if they find something of interest in your history.

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.