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.

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.