The Police Department will be cracking down on impaired driving this Memorial Day Weekend.

The department will increase patrols to “combat” drunk and reckless driving.

The enforcement period ends May 26.

As we take time this Memorial Day to honor those who died in service to our country, we remind motorists to make safety the top priority

If your holiday plans include alcohol, please arrange for a safe ride home. Driving impaired is a choice that often has serious and even deadly consequences. State Troopers will be highly visible this weekend, and will have zero tolerance for impaired, reckless and distracted drivers.

As the beaches have reopened, there are currently over 300 law enforcement personnel patrolling the beaches in Pinellas County. They are primarily enforcing social distancing and breaking up groups of more than 10 people. With the pent up demand to get out after staying home for months, we can expect crowed beaches especially in the Clearwater Beach area. Lets home people celebrate safety.

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.

According to US News and World Report May 6, 2020.

Nearly 5,000 Inmates and Detainees Infected With COVID-19
A tally of lab-confirmed cases at U.S. corrections and detention facilities also shows more than 100 COVID-19 deaths among staffers and those behind bars.
THOUSANDS OF PEOPLE have been infected with the coronavirus in prisons, jails and detention centers in the U.S., and at least 103 people confined or working at these facilities have died, a new report says.

Roughly 2.1 million adults are being held in about 5,000 correctional and detention centers across the U.S., and their default conditions – which can include crowded dorms, shared bathrooms, limited medical resources and a continually changing population – make it difficult to prevent the coronavirus from spreading, according to the report from the Centers for Disease Control and Prevention.

As of April 21, 4,893 people detained or incarcerated had been diagnosed with COVID-19, the disease caused by the coronavirus, in 420 prisons and similar facilities across 32 state and territorial health department jurisdictions, the report says. Ten percent of those inmates – 491 people – were hospitalized, and 88 died. There also were 2,778 staff members diagnosed with COVID-19 in these centers; 79 were hospitalized and 15 died.
“Prompt identification of COVID-19 cases and consistent application of prevention measures are critical to protecting incarcerated and detained persons, correctional and detention facility staff members, and the communities to which they return,” the report says.

Five jurisdictions reported no COVID-19 cases in correctional or detention centers, but because not all areas provided data, the findings are almost certainly an undercount and “not representative of the entire United States,” the report notes. Researchers did not identify case counts by state or territory or list the places that did not provide data to the CDC.

Data compiled by The Marshall Project, a criminal justice-focused nonprofit news service shows more than 14,500 people in prison have tested positive for COVID-19, while more than 200 have died.

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 probably are only remotely aware of DUI laws unless you or someone close to you have been faced with one. The penalties are ever changing and are very specific to your location. There is a lot of misinformation floating around out there. This is a serious topic, and it is important that you be informed. We have listed below some major falsehoods.

You need to be driving to be arrested for DUI
While it has the word driving attached to its name, you could also get arrested for DUI even if it has been hours since you have driven your car while under the influence. This is called DUI without driving. Anyone who is in physical control of a vehicle could be guilty of DUI.

Police officers could come at your door to arrest you for the DUI you have committed an hour ago and this includes being behind the steering wheel with the engine running. Even if the car is not moving, just that it is active in a place where the public has access to is enough probable cause for you to be arrested.

You can refuse a preliminary breath testing
It is a common DUI myth that one can refuse a preliminary breath testing or any form of sobriety tests a police officer will conduct. Yes, technically you can refuse but, failing to comply on DUI tests means immediate or additional penalties such as revocation of your license.

You are clear if you pass the Breathalyzer test
This well-known DUI myth is not true. A police officer who has an intense belief that you were driving while intoxicated can also perform chemical testing for blood and urine which are arguably better indicators that you were drunk or drugged driving. If your results yield negative then you shall be let go and the certain police officer might have only been mistaken or finding ways to incriminate you for no reason.

Your cooperation could persuade the officer to not arrest you
Performing sobriety tests and being polite to an officer would not mean that he will let you go. Police officers still work under the law and it does not matter how kind you are to them, they will still accomplish their duty if it is necessary.

However, this does not mean that being respectable to the arresting police officers will not do you good. Not forcefully resisting and answering in a civil manner means good character that could be used to lighten your charges in court. The opposite could prove detrimental to your case and other charges could be imposed on to you according to the DUI laws.

Your DUI charges are only mild and it will not really affect you
A first DUI charge, while a misdemeanor, can still affect your life in a remarkable manner. There are jail times of up to six months, fines of $1,000, and intervention programs that you need to face. Apart from that, there is a possibility of your driver’s license being revoked and it is considered to be a hassle to try and retrieve your license back as there are a lot of waiting times involved.

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.

According to the Tampa Bay Times. April 15, 2020. A man arrested on a murder charge Monday had been released from the Orient Road Jail last month under measures to contain the spread of coronavirus, deputies said Tuesday.

It is the only known case of an inmate in the county who went on to commit a new crime after they were approved for release under the precautions, a spokesperson for the Hillsborough County Sheriff’s Office said.

Joseph Edward Williams, 26, was arrested Monday in connection with a March 20 murder in the 8000 block of Ash Avenue, according to the Sheriff’s Office. At about 10:40 p.m. that day, deputies fielded multiple 911 calls reporting gunshots. Responding deputies found a man who had been shot. Authorities took him to Tampa General Hospital, where he later died. In a news release, deputies said they did not believe the shooting was random.

Deputies didn’t release any additional details Tuesday, including the victim’s name.

Williams is charged with second-degree murder, resisting an officer, being felon in possession of a firearm and possession of heroin and drug paraphernalia. His bail has been set at $280,500.

Officials across Florida and the U.S. have tried to shrink jail populations in an effort to prevent the coronavirus from rapidly spreading among inmates and jail staff living and working in packed quarters. On March 19, Hillsborough County Sheriff Chad Chronister released 164 county jail inmates accused of low-level, non-violent crimes. They included a housekeeper charged with cocaine possession, a student facing burglary and petty theft charges and a man picked up on a trespassing offense.

Williams was also released that day. He had been booked into jail on March 13 for possession of less than four grams of heroin, a third degree felony, and possession of drug paraphernalia, a first-degree misdemeanor. He was already eligible for release under a $2,500 bond — meaning he could have walked out after paying $250.

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.

Refer USA Today 3-21-2020. In the name of social distancing, officials in at least two Oklahoma counties have agreed to suspend warrants for suspects in non-violent crimes, including vehicle thefts.

Authorities in Maine have permanently dropped warrants in more than 12,000 cases involving unpaid fines, restitution and other sanctions. Similarly in Minnesota, officials have halted the suspension of drivers licenses for those who fail to make scheduled court appearances.

In each case, officials said, the decisions were driven by a collective desire to reduce social contact and the risk of spreading the highly contagious coronavirus.

The moves also underscore how the pandemic has seeped into the trenches of the every-day American criminal justice system, where judges, prosecutors, defense lawyers and law enforcement officers are taking increasingly uncommon actions to guard against an unfamiliar adversary.

Locking out the virus:Prisons restrict movements as they try to keep coronavirus out
Nina Ginsberg, president of the National Association of Criminal Defense Lawyers, has urged government authorities to use discretion in making law enforcement decisions, especially when weighing possible detention of suspects in densely populated local jails, where outbreaks of disease can spread quickly.

“There are clearly steps to be taken across the board,” Ginsberg said Thursday. “This is spiraling so quickly, we really need to see a broader response.”
Ginsberg said lawyers and bar associations should request that judges require local detention officials disclose the steps that they are taking to protect the populations in their custody.

“We should push the government to be more flexible on everything from whether a summons would suffice in lieu of a (arrest) warrant, where the defendant does not pose a clear danger, to whether a voluntary surrender date can be delayed,” she said. “Anybody who doesn’t need to be detained, shouldn’t be. Once the virus gets into one of these jails, I’m afraid there is no way to stop it from spreading.”

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 a new bill being proposed to address drug sentencing. Florida Senate made moves toward passing a bill that would lessen sentences for first time drug offenders and would also allow for judges to have a little more say in drug-related conviction sentencing on a case-by-case basis.

The proposed bill states that its purpose is “prohibiting the imprisonment for longer than a certain time for persons who possess, purchase, or possess with the intent to purchase less than specified amounts of certain substances; authorizing a court to impose a sentence other than the mandatory minimum term of imprisonment and mandatory fine for a person convicted of trafficking if the court makes certain findings on the record; deleting eligibility requirements relating to a person’s conduct before the person’s wrongful conviction or incarceration, etc.”

The measure is excepted to reduce the state’s 96,000 prison population by 4,800 for a potential savings of $50 million.

The bill would also for those who have been wrongfully behind bars since 2008 “who had a violent felony or more than one nonviolent felony before their wrongful conviction and incarceration” to be considered for compensation based on wrongful incarceration, that would be paid at a rate of $50,000 per year of wrongful incarceration up to a limit of $2 million. Those with violent felonies or multiple nonviolent felonies would not be eligible for this change.

In the past, bills of this nature have note been of interest to the House, however it appears that times are changing. The bill will soon make its way to the House and we will watching it.

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 are all aware of the current opioid crisis. Did you ever wonder about the effect that it is having on people while they are driving their cars?

Opioid use may result in dizziness, drowsiness, and sedation, which may impair the requisite psychomotor and cognitive skills necessary for safe driving. In addition, opioid use may also impair concentration and attention, decrease alertness, and increase reaction time.

The negative effects can be exacerbated in persons who are taking other prescription medications or illegal substances. Opioid-abusing drivers clearly represent an unnecessary danger to the public; although the vast majority of patients taking prescription opioids for pain safely drive to work and other activities, a subset may be impaired, but not be aware of or recognize the problem. The majority of pain patients would likely be surprised to learn that the legal systems in most parts of the world, including most states in the United States, do not differentiate between a pain patient taking a prescribed opioid at the right dose and frequency, and an abuser taking an illegal drug. For example, in some parts of the United States, a driver may be initially stopped for a relatively minor offense and, if the officer notices that the driver is wearing a fentanyl patch, charged with driving under the influence of drugs (DUID). The present narrative review attempts to highlight the existing problem, the different legal thresholds for arrest and prosecution for DUID, and the challenge of trying to have zero-tolerance for driving under the influence of a drug used illegally, while at the same time not arresting legitimate patients who are taking pain medication as prescribed. There is a clear and present need for an integrated assessment and addressing of the current confounding situation.

Can you drive while on pain meds?

As a general rule, you can safely drive if you are taking over-the-counter NSAID pain medications (ibuprofen, aspirin, Tylenol, etc.). However, if you are taking these NSAIDs in conjunction with other meds or substances (alcohol or drugs), they may be unsafe.

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 Florida, there is a difference between assault and battery – they are two separate and distinct crimes and you can be charged with either or both. An assault is where you threaten to do violence to someone and that threat puts that person in fear. … You do not have to actually hurt someone to be convicted of battery.

The main difference between a battery charge and an assault charge is the actual presence of harm and the threat of harm. Someone can only be charged with battery if they have caused real physical harm to someone, while a person can be charged with assault if the mere threat of harm is present.

Is it pushing someone assault or battery?

It involves minor injury or a limited threat of violence. In states where assault is a physical attack, pushing someone or slapping someone in an argument are instances of simple assault.

1) Simple Assault occurs when an individual applies intentional force to another person without the other person’s consent
Attempting or threatening, by an act or gesture to apply force
Approaching or blocking the way of another person while openly wearing or carrying a weapon or an imitation of a weapon.

2)  When committing an assault, if the individual carries, uses, or threatens to use a weapon, or causes bodily harm the individual is guilty of assault causing bodily harm.

3) Aggravated assault is committed when a person wounds, maims, disfigures, or endangers the life of the victim.  Here there is intent to commit bodily harm.

SEXUAL ASSAULT

There are three levels of sexual assault.

1) Simple Sexual Assault involves forcing an individual to take part in any form of sexual activity without explicit consent.

2) Sexual Assault with a Weapon includes the use or threat of the use of a weapon or injury to a third party.

3) Aggravated Sexual Assault has occurred when the victim is seriously wounded, maimed, brutally beaten, or in danger of dying as a result of a sexual assault.

If the victim does not consent it is sexual assault; therefore, no intent has to be proven.
Notice there is no intent needed if the victim does not consent it is sexual assault.
Self-induced intoxication is not an excuse nor a defense.
Being married is not an excuse either.
The victim’s sexual history is irrelevant.
Children under the age of 14 cannot consent

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.

Under Florida law, Grand Theft is any intentional and unlawful taking of property valued at $300.00 or more. Grand theft is a felony offense, with penalties that may include prison, probation, fines, restitution, and a permanent criminal record.

If the value of the property stolen is more than $300 but less than $20,000.00, then the offense will be classified as a Grand Theft in the Third Degree. Under Florida law, Third Degree Felony grand theft is punishable by a maximum sentence of 5 years in Florida State Prison and a $5,000.00 fine.

Petty theft involves stealing small amounts of cash or goods, and is usually charged as a misdemeanor. Shoplifting is an example of petty theft. Automobile Theft: When someone takes another person’s vehicle it is known as automobile theft. Examples include carjacking and grand theft auto.

Grand theft is generally classified as a felony crime. Grand theft is also considered to be a “wobbler” meaning depending on the situation, the charge can be a misdemeanor or a felony.

Grand theft charges may be dropped if the defense proves several defenses. … In such cases, the charges may be reduced to less serious misdemeanor charges rather than felony grand theft. This can happen for instance if there are wrong calculations or market values involved when analyzing the property stolen.

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.

One of the most popular subjects at cocktail parties is blood alcohol level, and most people are misinformed on the subject.

Florida prohibits driving or being in actual physical control of a vehicle while: having a blood alcohol concentration (BAC) of . 08% or more, or. under the influence of alcohol, harmful chemical substances, or illegal controlled substances.

Your consequences are determined by your BAC.

1st Offense below .15 – probation up to 12 months, License revoked 6 months to one year, car impounded 10 days.

1st Offense above .15 – probation up to 12 months, License revoked 6 months to one year, car impounded 10 days, ignition interlock 6 months.

2nd Offense below .15 – probation up to 12 months, License revoked 5 years, mandatory 10 days in jail, car impounded 30 days, ignition interlock 1 year.

2nd Offense above .15 – probation up to 12 months, License revoked 5 years, mandatory 10 days in jail, car impounded 30 days, ignition interlock 12years.

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.