We’ve all been there. You pick someone up to give them a ride to an event, and they jump into the car with a “traveler” (open container). You may wonder what kind of exposure you have in this situation. If it is clear to everyone involved that the alcoholic drink is in the possession of the passenger, they are the one who would be ticketed. However, if an officer has occasion to observe your vehicle and someone has an open container, chances are you are facing a bigger issue than the open container. It is a read flag, and only brings attention to your situation. It is never a good idea to have an open container in your car. But mistakes happen, and you may wonder what could happen to you.

The Florida Open Container Statute 316.1936 states that “an open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked non-passenger area of the vehicle.”

The statute also defines an open container as any alcoholic beverage that is immediately capable of being consumed, or the seal of the container has been broken.

For the passenger, “An open container shall be considered to be in the possession of a passenger of a vehicle if the container is in the physical control of the passenger.”
According to Article IV of Florida Statute 316.1936, if any passengers of a motor vehicle are in possession of or consume an open alcoholic beverage, the open container law is violated. This type of offense is considered a non-criminal moving traffic violation, which can mean the driver can be fined up to $500 and possible jail time, depending on what county you are pulled over in. Pasco County enforcement has gone through changes in recent years, so it’s best to be safe rather than sorry here. It may also lead to points assessed against your driver’s license. This does not apply for those passengers in a motor home that is parked or stopped.

If your designated driver is pulled over and you have an open container in the car, the officer can issue tickets to both you and the driver. If you have been charged with an open container offense, depending on the severity of the situation, you may be charged with a misdemeanor and incur a fine, which will vary between different ordinances. When you are faced with criminal charges, it is important that you get in touch with a criminal defense attorney who is knowledgeable about Florida’s open container laws and penalties and experienced in handling them.

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 have wondered when can the police arrest you? What does it take for them to take you downtown? Can they do that just because they don’t like you looks, or do they need a good reason.

“Probable cause” requires more than a mere suspicion that a suspect committed a crime, but not an absolute certainty.

Probable cause is the key issue in the arrest process. The police need probable cause to make an arrest or obtain an arrest warrant from a judge.

(For more information on the probable cause concept, see How much “probable cause” do cops need? For an explanation of the standard needed for a detention, rather than an arrest, see What is reasonable suspicion?)

Establishing Probable Cause

To establish probable cause, police officers must be able to point to objective circumstances leading them to believe that a suspect committed a crime. A police officer can’t establish probable cause by saying only something like, “I just had a hunch that the defendant was a burglar.”

Judges, not police officers, have the last word on whether probable cause exists. A police officer may be sincere in believing that the facts establish probable cause. But if a judge examines that same information and disagrees, then probable cause does not exist (or did not exist, if the question is being decided after an arrest).

Note that probable cause may have existed at the time of an arrest even if the defendant didn’t actually do anything wrong. Put differently, an arrest is valid as long as it is based on probable cause, even if the arrested person is innocent.

How Much Information = Probable Cause?

The million-dollar question is: How much information do police officers need to convince a judge to issue an arrest warrant or to justify a warrantless arrest? In general, probable cause requires more than a mere suspicion that a suspect committed a crime, but not as much information as would be required to prove the suspect guilty beyond a reasonable doubt. (See How much “probable cause” do the police need?)

Because probable cause is an abstract concept, a firm definition of it is evasive. Courts have to determine case by case whether there is or was probable cause for an arrest.

If you have been arrested and if you wonder if the police had probable cause, you should consult 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.

You may have heard of situations where people were in their car and not driving, and they were arrested by the police for DUI. It is a common belief that if you don’t have the keys in the ignition, the police cannot charge you with DUI. That is simply not true.

The fact is, you do not have to be driving to be arrested for a DUI. You just need to be in the driver’s seat of a car and be in possession of the keys. To the law in most states, this means you are in physical control of the car, even though you are not driving. Your keys do not even have to be in the ignition.

In every Florida DUI  cases, there must be proof of “driving” or “actual physical control.” If a police officer or another witness is able to identify you as the individual who moved the vehicle (however short the distance,) then the element of “driving” is satisfied.

In October 2016, according to ABC Action News,  a St. Petersburg police officer was arrested for a second time during his law enforcement career for drinking and driving, while he was off duty.

Officer Anthony Green started his career with the department in 2005. Chief Anthony Holloway said Green was suspended in 2010 after he was convicted of DUI. The chief of police said he more than likely received some sort of counseling. Part of their policy states officers, who have had a DUI, cannot drink a sip of alcohol for 5 years with the potential of being randomly tested.

Then late that night, Pinellas County Sheriff’s deputies found Green behind the wheel and asleep in his own car. It was stopped along Gulf Boulevard near Madeira Way in Madeira Beach. If a police officer can be arrested while asleep in his car, you can assume that anyone would be arrested in this situation.

If you have been arrested in similar circumstances, you should consult with an attorney to see if there are any circumstances that could aid in your 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.

Most people have never been arrested. You probably have never thought about what you might do, or what you need to do. The more prepared you are for an arrest, however, the better you can respond. As a citizen, you have rights even when you are detained by police, and law enforcement must respect these rights. Being informed of how to behave post-arrest can go a long way in helping you fight your charges and clear your name.

Take the following advice into account if you are arrested:

Do not resist arrest—at the very least, police believe they have a good reason to place you under arrest. Your best move is to remain calm and be courteous towards the officer. You should not be surprised if you or your vehicle are searched since the police believe they have probable cause to place you under arrest.

Protect your rights—remember that you have the right to remain silent, as any information you give to police can be used against you. You cannot be forced to sign any written statements and can choose to stop answering police questions at any time. Only a judge can force you to answer questions.

Use your phone call—you have the right to make at least one phone call to a loved one or attorney. You must be allowed to call or arrange to speak with an attorney as soon as you can, especially before you answer any questions.

Secure legal representation—Consult with a criminal defense lawyer as soon as you have the opportunity. An attorney can advise you as far as what your next steps should be once arrested. Again, you should remain silent until you can speak with a lawyer who can help defend you. They can go over whatever offense you are charged with and inform you of what to share with officers and what to keep private.

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 have all seen on the news that there is an epidemic of heroin use in this country. You may be wondering why. We got some information from Narconon.

Heroin Is a Prescription Drug

Heroin is itself a prescription drug that was more widely used around the turn of the 19th century. When used for prescription purposes, it is referred to as diamorphine. It has recently been studied by researchers in the Netherlands who were looking for a way to more effectively treat heroin addicts. The routine treatment for heroin addiction in the mainline medical community has been to give the person methadone, which is actually a synthetic opioid very similar to heroin. The Dutch researchers were investigating to determine whether treatment might be more effective if the patients were given a limited dosage of heroin in addition to the methadone, and they report that the answer was “Yes.”

Heroin Is a Good Substitute for Prescription Painkillers

The most common prescription painkillers on the market, including hydrocodone (Vicodin) and oxycodone (OxyContin, Percocet), are actually opioid drugs, just like heroin. All of these drugs are derived from opium. One of the major derivatives of opium is morphine, from which heroin is derived, whereas the pharmaceutical painkillers are derived from the other major element, known as codeine. Heroin has similar effects to painkillers in terms of the high that users experience, making it an ideal substitute for those looking for a way to replace their painkillers.

Heroin Is Cheaper than Pain Pills

Once a person gets hooked on painkillers, he or she is tied into an enormously expensive habit. At anywhere from $60 to $100 per pill, a painkiller addiction is enough to throw one onto hard times financially, especially considering that an addict will normally require several doses per day. Heroin is not cheap, but it is significantly less expensive than painkillers. A single dose of heroin usually costs around $10, depending on the city where it is purchased.

Heroin Is Easier to Find

Prescription painkillers are so widely abused throughout the United States that overdose on pain meds now kills more Americans than both heroin and cocaine combined. With so many people suffering from addiction to these powerful medications, state legislatures, law enforcement and medical regulatory agencies are taking measures to crack down and prevent the drugs from being abused or falling into the wrong hands. One example is the implementation of statewide prescription monitoring programs which keep track of how many painkiller prescriptions that doctors write. This makes it harder for unscrupulous physicians to operate as “pill mills,” selling prescriptions to people who want to get high. The drugs are now significant far more difficult to come by, whereas heroin can easily be found both in the city and the suburbs, provided that one has the right connections.

Heroin Is Easier to Use

People who abuse painkillers do not simply swallow the pills. After all, pain pills are designed not to get a patient high, but to provide an extended low dosage for the management of pain. To get high on Vicodin or OxyContin, it is necessary to crush the pill up into a powder so that it can be snorted or injected in a dissolved solution. To fight back against painkiller abuse, many of the pharmaceutical drug companies have begun formulating their pills in ways that make them harder to crush. The new version of Oxycontin, for example, cannot easily be ground to a fine powder, but instead breaks up into chunks. Even if an addict is successful in dissolving the pill in water, it will not be a solution that can be injected. Instead the solution comes out as a stringy and sticky goop. Heroin, on the other hand, is delivered as a fine powder that is ready for use as soon as the person gets his or her hands on it. For these reasons, heroin abuse rates are on the increase following the massive explosion in the numbers of prescriptions written for painkillers over the past several years.

If you have a criminal problem as a result of drug use, consider consulting 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.

Holidays are not just for family gatherings and exchanging gifts. Sometimes there is behavior that has legal consequences. An increased need for money during the holidays, as well as more alcohol based parties tend to create more criminal activities. And if you happen to be the one facing criminal charges this holiday season, contact a skilled defense lawyer if you want to avoid jail time and hefty fines.

•Shoplifting: The most obvious reason for an increase in shoplifting during the holiday season is lack of funds. We are under more pressure than ever to surround the Christmas tree with boxes and boxes of holiday cheer. Unfortunately, not everyone can afford such a display. For this reason, among others, some people turn to shoplifting around the holidays. Theft is never “right”, but we understand that even good people make mistakes, especially when financial stress is particularly overwhelming. If you are facing shoplifting charges, contact a  defense lawyer today.

•Vehicle break-ins: For much the same reason as shoplifting increases during the holidays, so do vehicle break-ins. Car burglars expect to find gifts in cars. This is especially true of cars parked near shopping centers. Parking lot thieves will often watch for people who drop a load of purchases in their car and walk back to the store to finish shopping.

•Porch theft: Since Amazon and other online shopping sites first allowed us to spend more time at home in our pajamas, porch theft has skyrocketed. Many of our online orders are delivered by UPS, FedEx, or the US Postal Service while we’re at work during the day. A stack of boxes by the front door and no car in the driveway makes you an easy target this holiday season. To prevent porch pirates from ruining your Christmas, have packages delivered to work or to the residence of a friend who is home during the day.

•Drunk driving: The holiday season often feels like one never-ending party. Many families have two or more office parties, family parties, parties at friend’s houses, fundraisers, and other festive gatherings to attend during Christmas and New Years. Although good friends and good eggnog can make for a lovely evening, don’t get behind the wheel if you’ve had a few drinks. To protect yourself and everyone else on the road, don’t drink and drive, and have a designated driver if you opt for too much cheer this holiday season. Beyond being dangerous, driving while intoxicated can impact your current or future employment, and even a first offense can cost you thousands of dollars. Not to mention, nobody wants to get a DUI for Christmas.

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 there is a guilty verdict, it is not necessarily over. There is another process that continues. Often, the defense would question certain factors affecting how the jury ended up with their decision, usually questioning how the evidence was handled, how the witnesses’ statements were taken into account, or how the jury’s emotions may have affected their objectivity. For such situations, criminal defense attorneys come prepared with motions to appeal the case.

Appeals are a key part of the post-trial process in any court hearing. By being granted the right to appeal, a defendant gets another chance to prove his or her innocence in front of a higher court of law, although the proceedings for an appealed case differ greatly from how the lower courts handle the case. It is important to remember that getting the chance to appeal does not always equate to an approval. In order to get the case raised to a higher court, the appeal must be made effectively.

Staying Prepared

Appellate courts do not handle a re-trial of the case on appeal, instead focusing on reviewing all the key points related to it before deciding to either uphold or overturn the previous ruling. With this in mind, appellants go into court with an appellate battle plan in advance, taking into account every detail that they believe can affect the final verdict and which they can use should the need for appealing arises. A plus factor for these notes are constitutional claims that the appellant can raise to strengthen their appeal; a valid constitutional claim can sometimes also allow the appellant to make an oral argument before the appellate court, but only on extraordinary circumstances.

It is important that all data compiled in the appellant’s record of the case are reflected in the court records during the legal proceedings. Any contradictions between the compiled record submitted by the appellant and the official data provided by the previous court will weaken any chances of the appeal pushing through, or outright lead to a denial for appeal. Provide a complete and compelling story for the court records that can corroborate with the appeal documents.

Alert for Errors

A vital part of any appeal is the preservation of error, a note on several errors in the court’s instructions to the jury. This is possibly one of the more common reasons for making an appeal in the court case, as the appellants believe the jury to be at fault for most of the hearing and blaming this fault for their conviction. A solid refutation of jury errors with corroborating evidence can go a long way to scoring an overturning of the guilty verdict.

Remember that the court assumes that both parties consent to any erroneous submissions made by the jury prior to reading out the verdict. Neither party can blame the court for failing to provide proper instructions, as the involved parties are the ones responsible for what instructions can be given out during the rest of the trial. Appellants can lose the chance to appeal if they are responsible for an erroneous instruction to the jury in the first place. This is referred to as an invited error and is often grounds for denial of appeal.

Filed To the Letter

Appeals are expected to be costly and lengthy affairs. The appellate court handling the review will take an extended period of time reviewing all the documents related to the court, and will take a separate amount of time deliberating the eventual verdict. The judges tasked with reviewing the appeal are keen on taking every detail into account to ensure that a sound judgment is made.

This serious attention to detail is the main reason why appellate courts have stringent requirements for all documents submitted to them for review. Appellants need to remember that whatever items are listed by the court for their documents must be followed to the letter; otherwise, the court have the right to return these documents for failing to adhere to the stated conditions. This goes for both the information contained in the document and the packaging they are contained in, such as binders or folders that must follow the court’s requirements.

Post-conviction relief can be laborious, especially with all the efforts to score an appeal with a higher court. Nonetheless, the appeal can go a long way to proving a defendant’s innocence if he or she considers the jury verdict to be in error. Working with a veteran appellate attorney with extensive experience in handling trial appeals can also help in securing a more favorable ruling in a higher court.

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 have heard it said that on any given Saturday night, over half of the people on the road are driving legally impaired. It is probably just a matter of luck who gets caught. However, the fact that a lot of people take this incredible risk does not make it any less a bad choice for you. We need to make a plan for the evening before we take that first drink, because for a lot of people, the best decisions are not made after we start. Part of the process for making that plan involves being aware of the incredible cost of getting a DUI.

We are aware of this because it is in the papers, on the TV news, and on the internet. The legislatures are making DWI punishments much more severe by making certain crimes a felony instead of a misdemeanor such as Leandra’a Law which makes it a felony in New York to drive drunk with a minor in the car.

Judges are requiring people with DWI convictions to install ignition interlock devices which cost around $1,200 on average. Fines have increased and offenders are required to pay for Drunk Driver programs. The cost of car insurance is very high for anyone with a DWI conviction. You can lose your license for many years for a second or third conviction which often means the loss of your job or career.

You can lose your license to qualify for your job, government benefits, housing, or school benefits and scholorships if you are convicted of a crime. You can lose your Section 8 housing or find it hard to get a loan or an apartment with a DWI or any criminal conviction.

A DWI conviction can make it very difficult to get a good job or to become a professional, get bonded, or obtain a license for a number of things. It can hurt your reputation and the reputation of your family.

If you get into an accident while you are over the limit or even below .08 BAC you can get sued for money damages that are not covered by your insurance policy. Most insurance policies only cover $50,000 or $100,000 per person and the judgement could be in the millions for serious or multiple injuries.

You can end up in a wheelchair, crippled, blind, maimed, or lose an arm or a leg in a car accident and suffer for the rest of your life for one mistake. If you think driving home after having a six pack is not big deal you should talk to people who have lost a child or been sentenced to prison for driving drunk. They have to live with the fact that they killed a child, maybe even their own child with their negligent and selfish act.

It is quite simple to avoid getting a DWI. All you have to do is limit your drinking to one or two drinks whether it is wine, beer, or shots. The average person has to drink three or four drinks in a four hour period to be over a .02 BAC which is the lowest BAC that a police officer can charge you with. You can be charged with a DWAI, Driving While Impaired, with a .02 BAC or more and some people will get to that with just three drinks.

You can take a taxi, get a ride from a sober friend, or use a service called Designated Driver which drives you anywhere you want to go in your own car for about the same price as a taxi. This way you don’t have to leave your car at the bar or wherever you are and you can get to work the next day.

The cost of an attorney for a DWI case varies greatly depending on the severity of the offense, the lawyer you retain, the city you live in, as well as whether you plead guilty or go to trial. The average cost of a DWI plea is $2,000 and a trial could be as much as $5,000 to $10,000.

If you get a second or third offense you could be looking at 1-3 years in prison and thousands in fines. With all of these costs it is hard to imagine that thousands of people still drive drunk every day.

Most people leaving a bar are over the limit and the police are parked outside the popular watering holes just waiting for you to drive by. There are DWI roadblocks, radar traps, and police officers and State Troopers at toll booths and borders looking for drunk drivers as well as those who are driving on a revoked or suspended license.

Most of the people who are arrested for DWI are either alcoholics, young people, or drivers who get stopped for a traffic violation. Older people almost never get a DWI and you rarely see professionals and highly educated people getting arrested for DWI or any crime as they are too smart to do something that foolish and dangerous. DWI is simply a foolish crime that no one with any common sense would ever commit, especially since it can be avoided for a $25 taxi fare.

If you get a DWI do not talk to the police or admit that you were drinking. Call the Law office of 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 courts are inclined to work towards rehabilitation instead of punishment in the area of drug offenses. Refer the website on Drug War Facts.

“There are generally two models for drug courts: deferred prosecution programs and post-adjudication programs. In a deferred prosecution or diversion setting, defendants who meet certain eligibility requirements are diverted into the drug court system prior to pleading to a charge. Defendants are not required to plead guilty and those who complete the drug court program are not prosecuted further. Failure to complete the program, however, results in prosecution. Alternatively, in the post-adjudication model, defendants must plead guilty to their charges but their sentences are deferred or suspended while they participate in the drug court program. Successful completion of the program results in a waived sentence and sometimes an expungement of the offense. However, in cases where individuals fail to meet the requirements of the drug court (such as a habitual recurrence of drug use), they will be returned to the criminal court to face sentencing on the guilty plea.”

“Problem-solving courts varied by the point at which they intervene in a case. Some courts took cases that had reached a specific processing stage, while others took on cases at multiple processing points. Additionally, problem-solving courts accepted multiple case types and identified different entry points for criminal or civil and family cases. In 2012, 35% of problem-solving courts accepted a case at filing or prior to a plea, while 64% accepted a case after a plea was entered (table 4). Most (73%) domestic violence courts accepted cases at case filing or prior to a plea. Half (50%) of youth specialty courts accepted a case prior to a plea. Most (61%) family problem-solving courts accepted a case after a judicial order, which can occur at any point during a case’s life-cycle. More than 8 in 10 (85%) hybrid DWI/drug courts accepted a case after a plea was entered.”

Your attorney can give you an idea if the court would accept a treatment in lieu of jail in your case. 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.

There is an epidemic of heroin use currently in Florida. It has been said that the new drug dealer is your dentist. Large numbers of people are becoming addicted to pain killers, which in many cases are opiates. There has been a huge crackdown on prescription pain medicine in this area, and many people find that heroin is less expensive and much more readily available than prescription pills. Now we have people in the suburbs addicted to heroin who are not your stereotypical heroin addict. I wonder if these people are aware of the consequences of their new habit.

The stakes are high and you face serious penalties if convicted of heroin possession. Though the exact consequences vary from state to state and even locality to locality, they have the potential to be life changing no matter where you are.

Jail time, fines, loss of driving privileges, and a permanent criminal record are just a few of the potential legal penalties. Add to these any personal and professional fallout and your heroin charges could mark one of the worst things that have ever happened in your life.

Heroin Possession Penalties

As stated, the legal penalties you face for possession of heroin depend mostly on where it is that you are charged. Some states classify small amounts of heroin as misdemeanor offenses. Others classify all heroin possession cases as felonies. The difference here could be a few months in jail as opposed to a few years in prison.

In addition to jail time, you will be ordered to pay fines, potentially lose your license, and be left with a criminal record. The long term effects of this can last for years, even impacting your ability to find a good job.

Florida heroin laws are not lenient with possession of heroin being charged as a felony, and charges for dealers and traffickers are even more serious. Still, the Sunshine State does offer options for first-time offenders in need of treatment

Plea Bargains in Heroin Possession Cases

Nearly all heroin possession cases in this country end in a plea agreement. This is where you, as the defendant, seek to get a more lenient sentence by agreeing to plead guilty to at least a portion of the charges against you.

Depending on the facts of your case and your criminal history, your defense lawyer may be able to help you avoid jail time with a favorable plea agreement, or at the least, avoid the most severe penalties you are facing.

Drug Courts

Most states in this country now have drug court programs. These courts are designed to help people overcome heroin addiction, in heroin possession cases. The focus is on treatment, and although they will help you avoid jail time, drug courts are still intensive programs.

Drug courts can be compared to intense periods of probation. Participants are required to check-in with the judge frequently, as well as submit to random drug tests, and participate in drug treatment, counseling, and a number of other requirements. Failure to abide by these requirements will result in your case going back to the criminal courts.

Legal Defense Strategies

There are no hard and fast rules to the perfect defense strategy. Your attorney will help determine the best course of action given your particular circumstances and what is most likely to product positive results.

This can often mean challenging the evidence in your case or the constitutionality of the arrest and the search that lead to the alleged possession.

Building a solid defense begins with a legal consultation.

If you are facing heroin possession charges, call today to speak with a local 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.