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

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

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

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

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

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

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

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

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

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

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

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

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

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

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

If you have never had to go without driving, you probably can’t imagine life without a license. Going to work, to the store, and to the doctor can all be a major challenge. If your license has been suspended, you may not be aware that the hardship license in Florida exists.

A hardship license is a restricted license that is issued by the state, in accordance with statutes or by order of the court, after a driver’s license has been suspended. A few reasons your license may be suspended include DUI, unpaid court fees, backed up child support, or driving without insurance.

While dealing with these issues, it’s possible to apply for a hardship license that allows one to commute to work, school and other pre-determined locations. One must remain compliant because if a law enforcement officer discovers the driver outside of these locations, the temporary license privileges will be immediately revoked. Eligibility is not easy as proof must be submitted that the lack of driving privileges impose a severe hardship on current employment or education enrollment.

How To Apply For A Hardship License in Florida

In order to apply for a hardship license you must first enroll in the Florida 12 Hour ADI (Aggressive Driver Improvement) course. Once enrolled you will receive a verification letter. Next you’ll need to reach out to your clerk of court’s office to get a copy of your driving record. Once you have those two things, you’ll need to properly fill out the Application for Hardship License form and take all three things to your local DMV along with multiple forms of identification – birth certificate, Social Security Card, W-2 form, and two copies of bills that prove your address. Here, you’ll be assigned a hearing officer that will decide if you are eligible for the hardship license.

Once the hardship license is approved, you’ll be able to drive to only the designated locations during the designated times. After you complete the ADI course and your suspension time has expired, you can request a full license reinstatement at the same Florida Bureau of Administrative Review Office.

If you or someone you know currently have a suspended license and are in need of a hardship license, reaching out to an experienced criminal defense attorney can help get your driving record sorted out and your driving privileges back on track.

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.

Anybody who watches tv or movies knows about Miranda rights and reading you your rights. And we have seen the situation where important evidence was thrown out if the police detectives did not properly read them their rights or allow them to visit with an attorney.

This is the Miranda warning:
You have the right to remain silent. What you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be provided to you by the state.

Now the same rules don’t apply during the pre-arrest, as the police will still be investigating your case so that they can find enough evidence. This is particularly prevalent when it comes to white collar investigations in which your constitutional rights may be violated without your knowledge. That’s why it’s so important to consult with a criminal defense lawyer that specializes in white collar and other crimes committed in Florida specifically, especially if you suspect that you might be under secret investigation.

Pre-Arrest Interrogations
Even though law enforcement officers are aware of your constitutional right to remain silent, they might try and push you for incriminating information. Keep in mind that as your Miranda warning states, “anything you say can and will be used against you in court.”

Also, officers are less likely to try and push you for information when your attorney is present because he will repeat your rights to them. So until you have a lawyer by your side, just state that you’re waiting for your lawyer and that the officers can direct any questions they have to your legal representation.

Police Reports
During an investigation, it’s common for police officers to generate a report based on their meeting with the subject of the investigation. This report may later be used in court as part of the evidence bought forward against you. Now, it’s important to note here that most of the time such reports can be somewhat partial and even untrue. That’s why having a lawyer by your side will be helpful, because they’ll help you against any false information or evidence that’s bought against you so that remedial action can be taken.

Pre-Arranging Bail
If you suspect that you might be arrested in the near future, hiring a lawyer will help you prepare for bail and bond services beforehand. This will save you from unnecessarily spending time behind bars before your case is even heard.

Preparation for Arrest
Retaining the services of a criminal defense attorney before you get arrested will enable you to start working with them to prepare the defense for your case. This includes collecting information and useful witnesses that might be of help.

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 Spectrum News 6-12-2020. If you thought the protests were not going to affect this area, you were wrong. We had our share of protests.

Fourteen people were arrested after what had been a peaceful protest turned violent, with protesters throwing rocks, bottles and other items at officers. Protesters also ripped the covers off water meters and threw them at officers. There were no injuries and no reports of any damage or looting.

Protests have erupted in the Bay area and nationwide after the May 25 death of George Floyd, a black man who died in Minneapolis after a white police officer pressed his knee into Floyd’s neck for several minutes even as he pleaded for air.

The officer, Derek Chauvin, has been fired and is now charged with murder.
Meanwhile, after weekend unrest in the Bay area, Pinellas County Sheriff Bob Gualtieri, along with St. Pete Police Chief Anthony Holloway and Mayor Rick Kriseman said protests that become violent will not be tolerated.

Sunday night’s protest grew from about 75 people to a crowd of more than 200 in a matter of minutes. Gualtieri said that was when the tone changed and protesters began throwing items at police.

Law enforcement used stingers, similar to flash bangs, to try and disperse the crowd but some protesters continued throwing items.Deputies with shields finally used formations to break up the crowd. Gualtieri said he wanted to convey a message to anyone planning to violently protest:

“Stop. Don’t do it,” he said late Sunday night. “If you come back tomorrow, we’re going to react differently.

“They’re the ones that set the tone and if they want to react in a calm, peaceful, orderly way, and express themselves, great, nobody’s got any issue with that, more power to them, but when they act this way and they act in a violent way we’re going to take care of what we have to take care of and we’re going to protect the officers and the deputies and we’re going to protect the public.”

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 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.