If you get arrested for possession of narcotics or being under the influence of narcotics. you are probably going to hire a lawyer. The lawyer may make promises to you like, “Don’t worry, I’ll get your case dismissed” or “I will take care of everything.” You walk into arraignment court with the lawyer and suddenly he tells you to plead guilty and take deferred entry of judgment. The lawyer tells you that the offer won’t get any better and the cased will be dismissed in under two years.

Some of this is true and some is not. Deferred judgment is a program where in the case of charges of simple possession or being under the influence, if the defendant is found suitable and is otherwise eligible for the program, he would plead guilty to the charges, and sentencing would be deferred for 18 to 24 months. During the deferment period the defendant must obey all laws, perform a Penal Code 1000 approved drug education class, pay certain fees and can earn his dismissal.

So what’s so bad about this?

First, this is still a conviction for many purposes. The federal government and immigration service don’t view PC 1000 or deferred entry of judgment as a true dismissal, rather they view it as a conviction. Technically, even under state law, when we plead guilty and are found guilty based on our plea, this is a conviction, albeit a temporary conviction.

Next, if we are eligible for DEJ, then we are eligible even after the conviction at trial. It’s true that after trial, DEJ is discretionary with the judge, bad, we can still get it. Further, when we take into account that we are talking about misdemeanor crimes, it might be worth the gamble to push the case as far as possible before settling if necessary.

Is there a search issue? Let’s run a motion to suppress evidence. Is there a lying or heavy handed cop? Let’s run a Pitchess motion. Let’s generally try to do everything we possibly can to try and get the case dismissed or reduced. Let’s generally make it as difficult as possible for the prosecutor to secure a conviction. Maybe we can avoid a drug conviction. Maybe I can achieve my client’s goals without pleading guilty straight up to the charged crimes. Let’s try.

Then, if after exhausting all other options we are still not able to get the case dismissed or reduced, only then do we talk about pleading guilty and taking deferred entry of judgment. This is not to say that deferred entry of judgment is a bad thing for the defendant in a criminal 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.

Did you know that nearly all traffic tickets can be overturned? In most cases it is easiest to simply pay the fine, especially when you know that you broke the law without question or dispute. However, if you feel you were wrongly charged, or are afraid that you may end up paying hundreds of dollars more in auto insurance premiums, then it just may be worthwhile to fight your ticket. This will take some time and effort on your part, but could end up being very rewarding in the end.

Never pay the fine on your traffic ticket until you have fought the traffic ticket to the full extent of the law. Once you pay the ticket you are admitting guilt and will no longer have a chance to fight it. If done correctly eight out of ten traffic tickets can be overturned.

If you plead guilty or no contest when you get a traffic ticket you are waiving your right to fight the traffic ticket in a court of law. Paying the fine related to your traffic ticket is also waiving your right to fight the ticket and it is equivalent to pleading guilty.

Once you receive the public court records regarding your traffic ticket you should check for the following situations. Make sure the information is not out of date. Make sure the proper information actually exists. Finally, make sure the information is accurate. If any of these situations do not exist then you should have no problem having your traffic ticket overturned. The amount of time it takes for the court to turn over the records has no bearing on the outcome of your traffic violation.

If you need to talk to someone in person regarding overturning a traffic ticket, then you need to contact the district attorney. You are not allowed to talk to the judge directly as this has to be done through specific channels. You can talk to your lawyer, but they too will have to speak with the district attorney. Doing so yourself will save you lawyer fees. Talking with the police officer that issue you your traffic ticket will only give them more information to support your traffic violation and can be used against you.

You can also contest your traffic violation through the postal mail. This has a high success rate, but very few people know about it. If you wish to go this route the technical term is called trial by declaration. All you need is a detailed well thought out defense. The police officer will have to submit a written rebuttal as well or the argument is one side and you ticket should be revoked.

If you must face court then you should definitely request a trial by jury. This is your constitutional right and the courts more often than not will simply overturn your ticket to save court costs and time. In rare cases, the court may honor your wishes and are you a trial by jury. If you lose then you may end up paying substantially more money in the end to cover the extra court costs. However, in the vast majority of cases the risks are very low and the rewards very high.

If you have questions about whether or not to contest a traffic ticket, perhaps you should consult with Alexander 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.

They don’t call them that anymore. They call it an “Injunction for Protection. According to the Pinellas County Court:

AN INJUNCTION FOR PROTECTION IS a Civil Court Order (often referred to as a “restraining order” and herein referred to as “Injunction”) that places restrictions on an individual (referred to as the Respondent) who has allegedly committed acts or (in some cases) made threats of violence against another individual (referred to as the Petitioner). An Injunction is requested by the Petitioner who files a “Petition” with the Court asking for protection from the Respondent.

AN INJUNCTION MAY INCLUDE PROVISIONS THAT: restrain the Respondent from further acts of violence; order the Respondent to leave a shared dwelling; prevent the Respondent from coming to your home, school or place of employment; and/or award temporary custody of minor children.

AN INJUNCTION SHOULD NOT BE USED as a tool to manipulate the Respondent or the Judicial System, gain access to property, or to settle issues of child custody or spousal support, but rather to protect you against a genuine and well-founded fear of continued violence or abuse.

VIOLENCE IS DEFINED byFlorida Statute 784.046(1)(a) as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death, by a person against another person.”

VIOLENCE DOES NOT INCLUDE ALL OFFENSIVE BEHAVIOR. Trespassing, criminal mischief, threats, tampering with a witness and harassing phone calls are all criminal offenses which should be reported to law enforcement, but may not necessarily, alone, qualify for the issuance of an Injunction.

FLORIDA LAW SEPARATES INJUNCTIONS FOR PROTECTION INTO FIVE CATEGORIES: Domestic, Stalking, Repeat, Sexual and Dating. When determining the type of Injunction for which you need to file it is very important that you read over all of the requirements for each type before selecting one; choosing the incorrect type may cause your Petition to be denied by the Judge.
The types are defined as:

• DOMESTIC VIOLENCE : Violence or stalking that has occurred, or that the Petitioner has reasonable cause to believe they are in imminent danger of becoming the victim of, between individuals who are spouses, former spouses, or persons related by blood or marriage who are residing or have resided together as a family, or individuals who are residing together or have resided together as if family, or individuals who have a child in common.
   
• STALKING VIOLENCE : means someone is purposely following or harassing you repeatedly over a period of time for no legitimate purpose, causing you emotional stress. If in doing so, he/she threatens your life or threatens to harm you, with the intent to cause you reasonable fear for your safety, then the act becomes aggravated.
• REPEAT VIOLENCE : Two acts of violence or stalking on two separate occasions, one of which must have been within the past 6 months committed by a person against another person. These types of Injunctions are usually appropriate for neighbor-against-neighbor, coworker-against-coworker, or other types of relationships that are of a non-domestic or non-dating nature.
• SEXUAL VIOLENCE : Any one of the following criteria must be met: (1) You must have reported the incident to law enforcement and be cooperating in any criminal proceedings or (2) The Respondent must have been sentenced to prison and the term expired or is due to expire within 90 days, and any incident of the following: (1) sexual battery (2) a lewd or lascivious act, committed upon or in the presence of a person younger than 16 (3) luring or enticing a child (4) sexual performance by a child or (5) any other forcible felony wherein a sexual act is committed or attempted.
• DATING VIOLENCE : Violence or stalking that has occurred, or that the Petitioner has reasonable cause to believe they are in imminent danger of becoming a victim of, between individuals who (1) have been in a dating relationship within the past 6 months (2) have had an expectation of affection or sexual involvement and (3) have been involved over time and on a continuous basis, excluding individuals who have engaged in ordinary fraternization in a business or social context.

• FILING FOR PROTECTION IS FREE.There is no fee to file a Petition and the Sheriff’s Office also serves (hand delivers) certified copies of the Judge’s order to the Respondent without charge. A PETITION MAY BE FILED IN the county where you currently or temporarily reside, where the Respondent resides or where the violence occurred.

You might be more comfortable having an attorney file for you. In any case, perhaps 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.

Not if you can avoid it. You should ask to talk to your lawyer. In any case you shouldn’t say anything. If you do say something, don’t lie.  We have a right to remain silent, but we do not have a right to lie.

In the heat of a situation, it may be difficult not to same something. It is our natural instinct to respond to a question, particularly if it is accusatory. However, we need to keep a cool head and ask yourself what to I have to gain by talking, and what do I have to lose. When police approach us on the street, we do NOT need to stop and talk to them unless we are ordered to do so. We do NOT need to open ours doors at home for the police and we have a right to exclude them from our property unless they have a search warrant to be there. By avoiding the contact in the beginning it makes it much easier to avoid answering questions by not ever being face to face with the police.

This is not to say that we can fail to stop when the cops try to pull us over on the road or we can refuse to be arrested or resist arrest when cops try and put handcuffs on us and take us to jail. What’s the difference? In many cases there is a very fine line between what the law calls a “consensual encounter” with law enforcement and the police ordering us to do something.

You should be careful out there. There is a very fine line between not answering questions from the cops and failing to comply with their “lawful orders”. The trick is to find out where that line is located and stay there. Once you ordered to stop by the cops, you must do that. You still don’t need to talk to them. At this point remember to be compliant. Hand over your identification, keep your hands on the steering wheel and don’t make any sudden movements. Tell the officer if you need to reach for your wallet or into your glove box. Make eye contact with the officer if possible. Listen to what he says. You may not like the way he speaks to you, but deal with it to keep yourself safe in the tense situation.

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.

Drug tests are becoming more and more common with employment applications. What happens if you fail?

1. You won’t get the job

2. It will usually just stay between you and your employer. Some employers place those tests into a national database that other potential employers can pull up when you apply for a job.

3. It can show up in a national database for other employers to see. This is rare and only very few employers use this. Walgreens uses it.

4. No, police will not know. It’s not a crime to have drugs in your system unless you’re driving.

Is drug testing legal?

The federal government has limited laws regarding drug testing. Therefore, drug testing is mostly a state issue. States and local jurisdictions have different laws regarding what methods of drug testing are lawful, which substances can be included in a drug test, and when employers can use drug tests.

What Can Cause a False Positive?

There are many legal substances and products that can cause a false positive. The following common substances are among the many that may cause a false positive.

Do I Need a Lawyer if I Fail a Drug Test?

An experienced employment lawyer can help an employee who has not been hired, who has been fired, or who has been denied benefits because of an unlawful or faulty drug test. Your attorney can help you understand the drug testing laws in your jurisdiction, decipher the best course of action for you, and protect your rights and remedies.

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 get a DUI, the first thing that you will probably do is retain an attorney. Most attorneys charge for their services on an hourly basis. The lawyer speaks to the client, discusses the case and takes a “retainer”, or advance funds, and bills against the retainer for his work. When the retainer gets used up, the lawyer will require additional payments.

First offense, no injury, no damage. For our purposes we’ll consider a first offense only and we’ll presume you’re lucky enough not to have hit anyone or caused property damage. The conclusion is that if you’re arrested, you should expect to pay somewhere between $5,000 and $12,000 with the largest cost typically being the jump in your insurance rates. (BTW, subsequent offenses may double or triple the costs.) Here’s a breakdown:

• Court Costs. Fines differ from state to state and county to county. Typically first offense fines range between $250 and $1500.
• Legal Fees. Using a lawyer to navigate the system will probably help but (assuming you don’t go to trial) will cost approximately $2,000. Of course, there’s no expense if you don’t have an attorney. Cost: $0 (no lawyer) to $2,000. (Going to trial will likely cost at least $5,000. )
• License Reinstatment. The administrative costs for getting your license back after suspensions vary by state. Expect to pay between $250 and $500.
• Substance Abuse/Counseling/Rehabilitation Classes – If these are required in your case, the costs may range from $100 to $500.
• Ignition Interlock System. If required, you’ll pay an installation fee ($100) and monthly rental fee of approximately $50 to $100 per month. Average time for first offense is 3 months though many states require longer periods. Figure this cost between $0 and $325
• Increased Insurance costs. After a DUI, you’ll be categorized by your insurance company as a high-risk driver. Most insurance companies will raise rates at least $1,000 – $1500 or more annually. This high-risk requirement typically continues for three years, after which the rates drop back down. Expect to pay between $3,000 – $4500 over three years.
• Loss of Income. Sitting in jail, doing community service, court appearances and remedial services may take you away from your job for anywhere from one to four weeks. The median US income in 2014 was about $52,000 a year. So we’re estimating the cost at $1,000 to $4,000.

Conclusion: We estimate that the average cost for a non-injury, non-property damage DUI is between $5,000 and $12,000. Keep in mind that our numbers are on the conservative side.

If you have been arrested for DUI, consider 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.

If you have been arrested for assault and battery, or either offense, you are obviously concerned about the meaning. The definitions may surprise you.

Assault, which is quite different from battery is the threatening of a victim, generally verbal. Although assault does not include the actual touching of the victim, the victim believes that he/she is being threatened and in danger of being harmed.

Battery, is the actual harming of the individual, either physical or verbal.
Although some states have replaced the word “battery” with the word “assault”, most states have kept them as two different crimes/charges.

Another Explanation:
Assault – To place another in APPREHENSION of an offensive and imminent bodily contact (a battery). NOTE this is not fear. Therefore, if a 100 pound weakling cocks his fist menacingly at a 300 pound professional bodybuilder, said bodybuilder would not be fearful, but can apprehend that the weakling may hit him, resulting in a battery.

Battery – An intentional harmful or offensive contact with a person or an object intimately connected to said person. Basically, any intentional body to body contact meant to be harmful and/or offensive is a battery. No injury needs to occur necessarily (but with no injury, damages will be low). Also, I could swipe an object out of your hand in anger. That too would be a battery.

If have been arrested for assault and battery or some kind of domestic dispute, consider having a consultation with Alex Truluck.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area. For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Most people are not well informed about how to act when confronted by the police. There are three common questions people ask.

Does it help to be cooperative?

Do you have to answer their questions?

Can they use my statements against me, even if they are the truth?

The answers are no, no and absolutely. Do you know your Miranda Rights? “Well, yes” is usually the answer. Anything you say can and will be used against you in court. We have heard it on t.v. for years. Most of us know them by heart even though many cops still need to carry a card in their pocket to get them right.

“Then what should I do when I get asked questions by the cops?” Again, the answers don’t change: Choice 1: Ask to speak with your lawyer. Choice 2: Say nothing and a very distant Choice 3: Tell the truth. We have a right to remain silent, but we do not have a right to lie.

“How can I just ignore the cops when they are right in front of me?” I admit that it is very difficult to ignore the direct questions of police officers. However, we must first evaluate the situation in its entirety. When police approach us on the street, we do NOT need to stop and talk to them unless we are ordered to do so. We do NOT need to open ours doors at home for the police and we have a right to exclude them from our property unless they have a search warrant to be there. By avoiding the contact in the beginning it makes it much easier to avoid answering questions by not ever being face to face with the police.

This is not to say that we can fail to stop when the cops try to pull us over on the road or we can refuse to be arrested or resist arrest when cops try and put handcuffs on us and take us to jail. What’s the difference? In many cases there is a very fine line between what the law calls a “consensual encounter” with law enforcement and the police ordering us to do something.

A person should just be careful out there. There is a very fine line between not answering questions from the cops and failing to comply with their “lawful orders”. The trick is to find out where that line is located and stay there. Once you ordered to stop by the cops, you must do that. You still don’t need to talk to them. At this point remember to be compliant. Hand over your identification, keep your hands on the steering wheel and don’t make any sudden movements. Tell the officer if you need to reach for your wallet or into your glove box. Make eye contact with the officer if possible. Listen to what he says. You may not like the way he speaks to you, but deal with it to keep yourself safe in the tense situation.

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.

Different lawyers may quote widely varying fees. Why is that?

We do not like to say things like “You get what you pay for” so we will simply explain why you shouldn’t hire the cheapest lawyer around. I will also explain why it may cost a little more to hire the right lawyer for your criminal defense case.

First, most lawyers have overhead or expenses associated with running their own businesses. They have to have an office, a secretary and other expenses like a license to practice, a car, continuing legal education and this is before we talk about the value of the lawyer’s time. The case law in the United States says that time as a 15 veteran lawyer is valued at over $400 per hour. That does sound like a lot to me, but the lawyer  has gone to college, then law school, then passed the Bar exam and then practice criminal defense and DUI defense for years. This actually means they have a lot of experience and they have a lot of experience right here in this area. This experience has a great deal of value to the clients. Clients are paying for the years of experience, and ability to get great results. they are paying for not just skills, but my relationships with prosecutors in the area. Clients are paying for a lawyer who is willing to do what it takes to get the job done, even if that means going back to court several times to work out the right deal. Even if that means filing a specific motion to get a specific result. Even if it means setting a case for trial because that is what it takes to get the job done.

So, let’s do some math: If the time is valued at over $400 her hour and they charge a client $1,000 to handle their case, this means that they have a about 2.5 hours to work on their case. It usually takes close to an hour for an initial consultation just to learn a little bit about my client and his or her case. It may take them a couple hours to make one court appearance. This is simply not enough time to work out most cases. They need to read the police reports, confer with the client, talk to the prosecutor about the client’s case and possibly file and argue applicable legal motions to get desired results.

By contrast, if they charge a fee of $2,500 or more to handle a case, they have allocated at least six to ten hours to work on the client’s case. This affords them the opportunity to go to court two or three times, or more, if needed. He also needs time to review necessary police reports and conduct needed investigations. In short, they must have sufficient time to do their job. And yes, that does cost you, the client, more money. But is almost always results in a better outcome for the client. And it always results in the client have a better understanding of what is going on with their case, giving them informed options about how to proceed with their case, and increases communication between the client and the lawyer.

And this is long before we even talk about the possibility and time and expense associated with going to trial on a case. How can a lawyer properly evaluate a case if he does not have enough time to review necessary documents, confer with his client and assess the need for any motions or need for further investigation? The answer is simple: The $1,000.00 lawyer wants to plead his client guilty as soon as possible in order to be as cost effective as possible. This almost always is doing a disservice to the client.

If you have case pending, and want to discuss fees, perhaps 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.

We hear that expression a lot. However, are we really innocent until proven guilty beyond a reasonable doubt?

Being arrested can be a terrible experience. You can deprived of your liberty, you could be embarrassed, it cost money to post bail to get out of jail and in the case of certain famous athletes, you could lose your job. The NHL or the NFL can do what they like with their players or do what they wish to their players. Each organization has rules in place to deal with situations that occur. Should a player get arrested, the organization has a policy about how to deal with the player. Just as many employers have work policies having to do with background checks or arrests and convictions. If John Doe gets arrested, John may get fired. He learned this when he read his company policy manual when he was hired. But wait, are we not entitled to some type of hearing or something before we get hired? Maybe, but that depends upon who you work, how they deal with such situations and the nature of your employment.

But an arrest is very different from a conviction. An arrest as defined by Wikipedia:

” Is the act of depriving a person of their liberty usually in relation to the purported investigation or prevention of crime and presenting (the arrestee) to a procedure as part of the criminal justice system.”

But the fact that someone has been arrested does not mean that the arrestee has done anything wrong. In fact, many people are arrested who are ultimately not charged with a crime or who are never convicted of a crime, or who are convicted of a lesser crime. Specifically, in the case of domestic violence in California, people are arrested every day based upon allegations of abuse by other parties and based upon a belief that abuse occurred without any eye witness corroboration and based upon speculation or conjecture by non-witnesses.

Please understand how our criminal justice system works. We all enjoy the presumption of innocence and the fact that we are all innocent unless and until proven guilty in court. This means that we either have to be found guilt, beyond a reasonable doubt by a judge or jury after a trial or we have to plead guilty in open court after being advised of the charges against us and given an opportunity to defend those charges at trial.

The courts  do not condone domestic violence or any other violation of the law. They support and respect our judicial system. It is by no means perfect, but it is likely the best judicial system in the world.

Please remember that no matter what the media says, no matter what we see on the internet, no matter what your gut tells you, you are all innocent until proven guilty. Know your rights, talk to a lawyer if you or a loved one is arrested. Enjoy your freedom and never forget that it is precious and often not appreciated until it is lost.

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.