If you watch crime shows on TV at all, you know that when the police arrest the bad guys,

police officers arresting male bandit near car

they usually read them their rights. What does that mean?

That means that what is commonly called the Miranda warning which include the following items:

•You have the right to remain silent.
•Anything 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 an attorney, one will be appointed for you.

Ernesto Arturo Miranda (March 9, 1941 – January 31, 1976) was a laborer whose conviction on kidnapping, rape, and armed robbery charges based on his confession under police interrogation was set aside in the landmark U.S. Supreme Court case Miranda v. Arizona, which ruled that criminal suspects must be informed of their rights.

Even though Miranda warnings have been around for more than 50 years, people are still confused about when they are required to be read and what exactly the warnings cover.

Do they have to give you your Miranda Rights?

One of the many misconceptions perpetrated by television shows is that Miranda warnings are required before a police officer can arrest someone.  This is incorrect.  An officer can arrest you and charge you with a crime without ever reading you your Miranda warnings.  Miranda warnings are only required if a police officer is going to question you about a case and you are in custody.  Both of those requirements must be met, otherwise no warnings are required.

When am I considered in-custody for Miranda purposes?

For purposes of Miranda, someone is considered in-custody when someone’s freedom of movement is restricted.  This does not require an officer to place someone under arrest or even utter the words “You’re under arrest!”  However, being in-custody does not include preliminary investigations performed by police officers (i.e. being detained during a traffic stop).

What does interrogation mean?

As was previously noted, interrogation, or questioning regarding a case, is required to trigger Miranda protections.  Courts have ruled that questioning can include direct questions regarding an incident, or statements designed to illicit a response.  However, some statement or questioning is required from law enforcement before Miranda warnings are required.

What happens if Miranda has been violated?

Whether or not there has been a Miranda violation is determined by the court.  If the court determines that a violation occurred, the remedy in most circumstances is to suppress any statements made after the violation occurred.  Additionally, any evidence obtained solely as a result of the statements would be considered fruit of the poisonous tree and inadmissible.  In some cases, this means that the entire case could be thrown out.  In others, it simply weakens the State’s case.

Remaining silent and refusing to talk to police officers is always your best bet.  However, Miranda warning situations are extremely complex.  It is important to discuss your case with an experienced criminal defense attorney to ensure that your rights are protected

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.

So there was a swat team in my neighborhood last week, complete with the hoods and black outfits. They went in without knocking and the two residents were arrested. Checking with the people who love next door and nearby, apparently there were no incidences of young people visiting the location, so we assume that their activities were on line. Of course, we wondered how they got caught doing what they were doing. Could be Google had something to do with it. Google scans both emails and search requests on its site to detect and report child pornography.

Google’s online set of “program policies” for its Gmail service includes “a zero-tolerance policy against child sexual abuse imagery.”  That policy states: “If we become aware of such content, we will report it to the appropriate authorities and may take disciplinary action, including termination, against the Google accounts of those involved.”

Consistent with that policy, since 2008 Google has actively scanned images that pass through Gmail accounts to determine whether they match up with known child pornography.  More specifically, Google has been using “hashing” technology to tag known child sexual abuse images, allowing it to identify duplicate images in Gmail accounts or in search results, even if the images have been altered.  Each offending image effectively is assigned a unique ID Google’s computers can recognize without someone having to view them again. And, Google also incorporates encrypted “fingerprints” of child sexual abuse images into a cross-industry database. This technique enable companies, law enforcement and charities to better collaborate on detecting and removing these images, and to take action against anyone involved with producing or viewing the materials.

Currently there are more than 1.5 billion Gmail users world-wide.  When child pornography images or videos are sent through Google’s email service, they are identified by its automated systems. Federal law requires electronic communication providers like Google to report instances of suspected child abuse when they become aware of them.  Once detected, Google actively removes the materials from its services, including search and Gmail.

Google is not alone in its efforts to combat child pornography.  Microsoft also utilizes automated systems to detect child pornography hosted on its servers. In 2012, Microsoft made its PhotoDNA tool available to law enforcement.  That technology compiles a digital signature of each image, which can be matched against a database of known images of sexual abuse. Once as match is made, the information is provided to NCMEC for further investigation, referral to law enforcement, and possible prosecution.

Many child pornography cases are the result of a Google report of CSAM to the NCMEC.  If you have been arrested for possession and/or distribution of child pornography, you may have strong defenses to your charges based on, among others, the method of detection of your internet activities.  Child pornography cases carry significant penalties, including substantial prison time, high fines, extended periods of probation and registration as a sex offender.

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.

OK, so maybe you were driving and talking on your cell phone, and a police officer pulled up next to you. You probably wondered if you were in trouble. You may have wondered what the law specifies as far as driving and talking as well as driving and texting. According to

Florida
There are no prohibitions on use of cell phones.

However, according to the Tampa Bay Times, new legislation in in the works. With the 2019 legislative session still more than three months away, a second bill has emerged to toughen laws about the use of cell phones by drivers.

Rep. Emily Slosberg, a Boca Raton Democrat who is one of the Legislature’s most-outspoken members on highway-safety issues, filed a bill Monday that is dubbed the “Hands-Free Florida Law.” The proposal (HB 45) would bar drivers from using hand-held wireless phones to talk, though it would allow the use of “hands-free” devices.

Currently, texting while driving in Florida is prohibited, but it is enforced as a “secondary” office. That means motorists can only be cited if they are stopped for other infractions, such as running a stop sign or speeding.

Slosberg’s bill would make texting or talking on a handheld cell phone a “primary” offense, allowing police to pull over motorists for the offenses.

However, distracted driving is another issue. Distracted driving is anything that takes your hands off the wheel, your eyes off the road or mind off driving. It is extremely risky behavior that puts everyone on the road in danger. There are different kinds of driver distractions:

Visual

Taking your eyes off the road

Manual

Taking your hands off the wheel

Cognitive

Thinking about anything other than driving

Texting requires all three types of distraction, making it one of the most dangerous of distracted driving behaviors.  However, this is not the only cause of distracted driving.  Other common distractions include: tending to kids or passengers in the back seat, eating, watching an event outside of the vehicle, interacting with passengers, unsecured pets, putting on makeup or grooming, adjusting radio or climate controls, checking your GPS app or system and even daydreaming.

To successfully avoid a crash, a driver must perceive a hazard, react and give the vehicle time to stop. Driver perception distance, or the distance a vehicle travels from the time a driver sees a hazard until the brain recognizes it, and reaction distance, the distance a car will continue to travel after seeing a hazard until the driver physically hits the brakes, dramatically affects a vehicle’s stopping distance. Even a focused driver going 50 mph will travel nearly the length of a football field before coming to a complete stop.

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.

Someone I know has had a great deal of trouble with a child that is addicted to heroine. She recently decided to start buying the heroine for the person because she said it was “cheaper to buy the heroine than to keep bailing him out of jail”. So what problems could this sweet grandmother type senior citizen face for do this?

What is considered aiding and abetting?

A person charged with aiding and abetting or accessory is usually not present when the crime itself is committed, but he or she has knowledge of the crime before or after the fact, and may assist in its commission through advice, actions, or financial support.

Is aiding and abetting a felony or misdemeanor?

Punishment and Sentencing for Aiding and Abetting a Crime. If you aid and abet another person during the commission of a crime, you may also be referred to as “an accessory before the fact.” … Finally, “accessory after the fact” is a crime in itself, punishable as either a misdemeanor or as a felony.

How long do you go to jail for accessory?

Federal laws state that the penalties for an accessory to a felony are not to exceed half of the maximum prison time or fine that the principal receives. If the principal receives a death sentence, the accessory may be incarcerated for up to 15 years maximum.
The penalty for aiding and abetting (Complicity) under Ohio law is the same as the penalty for the principal offense. Aggravated Robbery under Ohio law is a First Degree Felony carrying a prison sentence of 3 to 10 years and a fine of up to $20,000.

Can you get charged with aiding and abetting?

Aiding and abetting is a serious crime, but there is a less severe charge you may face if you helped somebody else commit a crime. You could be considered an accessory after the fact as opposed to being charged for aiding and abetting.

What makes someone an accomplice?

Under the English common law, an accomplice is a person who actively participates in the commission of a crime, even if they take no part in the actual criminal offense. For example, in a bank robbery, the person who points the gun at the teller and asks for the money is guilty of armed robbery.

Therefore it would appear that our “enabling” grandma would be smart not to go along when the drugs are purchased. It would also appear that she should consider a little tough love and a rehap program instead.

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.

With marijuana possession becoming legal in many states, people might become careless about being around marijuana, or worse yet, driving around with it. What they don’t realize is that the penalties for possession in Florida can be significant, and you could lose your drivers license, among other things.

In Florida, possession of less than 20 grams of cannabis is a first degree misdemeanor, with penalties that include jail, probation, and a driver’s license revocation. Marijuana possession is a highly defendable charge.

“Actual” possession means that the cannabis is in the hand of the person accused, or is in a container in the hand of a person, or is so close as to be within “ready reach,” and is under the control of the person accused.

Mere proximity to a controlled substance such as cannabis or pot or weed is not sufficient to establish control over the substance when the substance is not in a place over which the person has exclusive control.

“Constructive” possession means that the controlled substance is not on the physical person, but is in a place over which the defendant has control, or in which the defendant has concealed it.

In order to prove constructive possession, the prosecution must establish:
1. the defendant’s dominion or control over the controlled substance, and
2. the defendant’s knowledge that the controlled substance was within the defendant’s presence.

If a person has exclusive possession of a substance, such as cannabis, knowledge of its presence may be inferred or assumed. However, where more than one person has access to or is near the contraband, knowledge and control must be established by independent proof.

In constructive possession cases, proof of “dominion” and “control” requires more than the mere ability of the defendant to reach out and touch an item of contraband.  Thus, even where drugs are found in plain view, the evidence will be insufficient to establish constructive possession unless there is evidence that the defendant actually exercised dominion and control over the drugs.  Mere proximity to a controlled substance, such as marijuana, is insufficient to establish constructive possession.

One of the harshest aspects of Florida’s marijuana possession laws is that, to obtain a conviction, the State is not required to prove that the defendant knew of the illegal or illicit nature of the substance possessed.  Knowledge that a substance was present is sufficient to support a conviction.

The amendment to Chapter 893 means that, even though a defendant may not have known of the nature of the substance, the burden rests with the defendant to prove this lack of knowledge.

Under Florida law, it is possible for two or more persons to be in “joint possession” of a substance, such as cannabis, if the premises where the contraband is found are occupied by multiple persons. However, to establish “joint possession,” knowledge of the presence of the substance and the defendant’s ability to exercise dominion and control over the substance must be established by independent proof.

The penalties available for a marijuana possession charge will depend on the amount of cannabis at issue. Where a defendant is found in possession of less than 20 grams, the offense is classified as a first degree misdemeanor, with penalties of up to one year in jail or one year probation, and a $1,000 fine.

Other Consequences

A conviction for misdemeanor marijuana possession will result in a one-year driver’s license revocation, in addition to a likely term of probation.

If a probationary sentence is imposed, the defendant will be subjected to intrusive random drug testing and be responsible for paying costs of supervision, court costs, fines, costs of prosecution, and completing all other terms and conditions imposed by the court.

A word to the wise is sufficient. Be sure the people you know who might have a tendency to possess marijuana are aware of the consequences.

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.

Visiting an inmate at the Pinellas County jail is actually quite convenient. First you have to get a visitor ID. Go to Google and type “visit Pinellas county jail”. There you will see the video visitation website. Go there and apply for a visitor ID number. You can also do this by phone.

Then go to the “Video Visitation” page and click on “Click here to schedule a visit”. When you select the inmate you want to visit, the available times are displayed, and you can pick one. There are actually quite a few times available, which makes it convenient for the visitor. If the inmate has a job, obviously the times that the inmate is working are removed from the schedule.

The visits are up to 40 minutes long. You want to get there 10 minutes early. Each visitor goes to the check in desk, where they scan your drivers license. Then they assign you a terminal number. There is a phone receiver at the terminal, and the inmate is visible on the computer screen at the appointed time. No, you don’t get to be in the room with the inmate, or take them presents.

If you choose to do so, you can go online and add money to the inmate’s account, and the inmate can use the money to buy snacks and convenience  items, like tooth paste. There is also a terminal in the lobby of the visitation center where you can insert your credit card and add money to the inmate’s balance.

If you do have access to a computer, call 727-464-6842 between the hours of 10:00 a.m. to 4:30 p.m. 7 days a week for assistance.

The Video Visitation Center for all inmates is located at 14500 49th Street North in the Pinellas County Jail Administration Support Building. All visitors and their guests (including minors) must schedule visits no later than midnight the prior day. Same-day visits will not be accommodated. Reservations to visit inmates will be accepted on a first come, first serve basis. Reservations will be accepted up to one week in advance. Reservations are taken 24 hours a day 7 days a week .

Three persons may visit; one adult with two children – or – two adults with one child. No more than two adult visitors at one time. (Children must remain with adult). Persons under the age of 18 are not permitted without an adult. You must be 18 years of age or older and have a valid photo I.D. to make an appointment.

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.

Ever wonder what would happen if the police catches someone driving around with stolen

property?

Receiving stolen property, is more than mere possession. The elements or what the District Attorney must prove beyond a reasonable doubt to convict you are:

*You bought, sold, received2, concealed, withheld from the owner, or helped someone in these acts, such property that had been stolen or extorted from someone and,

*When these acts were done, you had knowledge that the goods were stolen or obtained by extortion and,

*You knew the property was in your possession or presence

As indicated, you can be charged if you help someone hide stolen property. Many times, people will sell stolen items at very low prices and for cash only from their car or truck with the serial numbers or other identifying information removed so that it is obvious the property was stolen.

Prosecutors who have insufficient evidence to charge you with stealing property may charge you with possession instead.

Definition of Receiving

You receive property when you possess it or at least have control over it. Under this code section, more than one person can have possession of the stolen goods.

You can be charged with receiving property if you enjoyed its benefits even if you did not steal it or did not buy it or borrow it or have it given to you. Riding in a stolen car that you knew was stolen can be enough if you failed to exit the car once you learned it was stolen and continued to derive some benefit from being in it.

You also may receive stolen property by deriving benefits from money that was stolen by another person so long as you knew it was stolen.

Element Of Acquiring Stolen Property

To be successfully prosecuted, the DA must prove you knew the stolen property was on your person, home, car or under your control. It is possible that someone asked you to hold or deliver a package and you were unaware of its contents and had no reason to know that whatever was inside was stolen.

Element Of Awareness

To be successfully prosecuted, the DA must prove you knew the stolen property was on your person, home, car or under your control. It is possible that someone asked you to hold or deliver a package and you were unaware of its contents and had no reason to know that whatever was inside was stolen.

Business Owners & Criminal Liability

There are people who are in the business of buying or collecting the property of others, usually for resale. These may be vendors at swap meets, pawn shops, dealers of second hand metals or materials, or persons buying, selling or receiving electronic equipment or vehicles. The court can hold these individuals criminally liable if they meet these criteria:
1.These individuals acquired the property under circumstances where they should have made reasonable inquiries into whether the seller was the lawful owner or had the legal right to sell the property, and,
2.The individual failed to make the inquiry or it was a cursory one.

Business Owners Due Diligence

If you are in the business of collecting goods or junk metals or even second-hand books, then you must do your due diligence before buying or otherwise acquiring the property. If there are suspicious circumstances that the seller cannot reasonably explain, then obtaining the property can expose the vendor to criminal penalties.

For example, if a teenager is in possession of high quality jewelry or loose diamonds and says his uncle gave it to him to sell to you, then you have to contact the uncle and receive other proof that these items were legitimately owned by the uncle and that the teen had permission to sell it.

Also, you face multiple counts of receiving stolen property for each separate occasion that you receive stolen goods. However if you received multiple stolen items in one single occasion then it is considered one offense of receiving stolen property.

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 are a person who tends to make bad choices, and if you have a criminal issue facing you, or you are likely to have one, make sure you don’t make these mistakes:

Sharing information on social media, emails or texts

Even if only on TV or in the movies, you’ve surely heard the Miranda warning that law officers must provide people they are going to arrest, including the advice that “Anything you say may be used against you in a court of law.”

Well, anything you convey online (via email or YouTube) or in social media (Facebook, Twitter, Instagram, etc.) can also be used against you later in court. Texting conversations are also fair game for investigators and prosecutors.

For instance, if you face a charge of robbery, you should convey nothing online which could connect you to the site of the alleged crime. You should also avoid posting any photos which could suggest you acquired sudden wealth. Avoid contacting anyone online who has any bearing on your case. It’s not your job to point out to police and prosecutors who they should be interviewing.

Remember: Online posts last forever, and prosecutors often look there first to gain evidence they can use against you later at trial.

Telling your side of the story to police

Speaking of Miranda warnings, these only must be issued if a person is in custody and law officers want to question them about a crime. That’s usually done at a police station following an arrest. So even before a Miranda warning is issued, you shouldn’t talk. In fact, even after it’s issued you still shouldn’t talk.

If you do talk, all you’re doing is answering questions which law officers pose to trap you and make you look guilty. So don’t talk to police when you’re arrested, don’t give detectives written or oral statements after your arrest, don’t talk to other inmates about your alleged crime if you are placed in jail, and don’t talk about your case on jail phones which may be recorded.

Only talk to your attorney. Then, your attorney will speak up for you while defending your legal rights. One of those rights is your Fifth Amendment constitutional right to remain silent and avoid self-incrimination, or making yourself look guilty. And don’t worry, by “pleading the Fifth” and not talking, you’re NOT admitting guilt. You’re only applying your legal right.

Not caring how you look in court

While we’ve all been told that we shouldn’t judge a book by its cover, keep in mind that “judging” is exactly what a judge is supposed to do. It’s their job—and you should respect that.

If you show up for a hearing looking messy and dirty, a judge may consider you to be disrespectful and treat you that way. But if you show up looking neat and clean, a judge is more likely to treat you like a responsible person.

Demanding to take an active role in your defense

Your criminal defense lawyer worked for years to learn the law and how it’s applied. He or she is a legal professional. You’re not.

Don’t make the mistake of thinking your persuasive powers in arguments with friends or family about sports or politics make you qualified to steer your defense strategy. Leave that to your defense attorney, who will advise you the best courses of action and then proceed with your consent.

Failing to hire an attorney in the first place

Even worse than getting in the way of your attorney’s job is having no attorney at all and trying to represent yourself. After your arrest, you should engage an attorney as soon as possible to represent you at each stage of the legal process. If you don’t, police and prosecutors are more likely to take advantage of you.

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.

Maybe you are wondering if something you have done could have created a warrant for your arrest. Perhaps you missed a court date. Perhaps you didn’t pay a fine on time. You shouldn’t just ignore this situation. You need to take action.

First, you should find out if there actually is a warrant out for your arrest. In Pinellas county, you could go to the public records website and see what you can find out.
Your name may not be on their arrest warrants lists. But if it is, take this news as calmly as you can—and then contact a defense attorney with our law firm for help.

Your defense lawyer will have the knowledge to guide you in the process which follows. Depending on the circumstances of the case, that may mean getting the arrest warrant dismissed.

Or it may mean organizing your surrender and negotiating your bail. In such cases, your defense attorney may be able to arrange a speedier arraignment, which could reduce your time in jail.

You probably know whether or not you committed a crime. But in the event of an arrest warrant, it’s important that you and your lawyer also know what police and prosecutors believe that you did.

An arrest warrant wouldn’t have been issued unless they had strong reasons to believe you were responsible for a crime. Such strong reasons are known as probable cause.

Based on probable cause, an arrest warrant is issued as a court order authorizing law officers to arrest a person and have them appear in court. Law officers will then start searching for that person.

A court or law officer’s belief in probable cause doesn’t mean you’re guilty. But it does mean you must respond appropriately with help from a Neal Davis Law Firm Houston criminal defense lawyer.

Why are warrants issued?

Arrest warrants can be issued for a wide variety of reasons, so it’s important to learn what the reason is by checking online or getting your lawyer to do so. You might simply have neglected to appear for a parole check-in or to perform community service, and that led to your arrest warrant. You’ll want to find out.

Or, it could be that your situation involves what’s known as a “bench warrant.” A bench warrant isn’t as serious as an arrest warrant, but it still could lead to your arrest if you’re not careful.

A bench warrant is often issued by a judge in an existing criminal or civil case if a person fails to comply with a legal order or misses a court date. Bench warrants also may be issued for such things as failing to pay a traffic fine, failing to pay child support or failing to appear for jury duty.

While holding a bench warrant against you, police may not be as actively involved searching for you as they would be with an arrest warrant. But if you’re stopped for any reason—perhaps a minor traffic violation—the officer could then note your bench warrant via a quick check and arrest you on the spot.

Your defense attorney can respond quickly and effectively to a bench warrant or a bench warrant arrest by doing such things as arranging that you quickly pay any fine or money that you owe.

Perhaps you simply owe money for a minor traffic ticket. That sort of thing could be handled easily and speedily by your defense lawyer, and the bench warrant would be canceled.

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.