Violation of Probation

Are you on probation or do you know someone who is? If so, be sure to encourage them tocourt hearing be careful with the terms of the probation. Violation of probation is a serious charge.  Judges generally don’t like it when you’ve failed to comply with requirements ordered by them.  And, the punishment can be severe, including up to the maximum penalty you might have received for the underlying charge for which you are on probation.

The good news is if you have been deemed to be in violation of your probation, you often may have some defense to the charge. Two such defenses are that your violation was neither willful nor substantial.

Willful Violation

The State also has to show your violation was willful and substantial.  In other words, you are not  guilty of violation of probation if your violation was not intentional or not within your control, or  if it was a very minor violation.
probation cannot be revoked based on matters over which you have no control.

Substantial Violation

The second point is minor violations of the conditions of your probation are insufficient to revoke your probation.  Thus, in addition to demonstrating your violation was willful, the State must further show reasonable grounds exist to believe you violated your probation in a material respect.

Violation of probation is a serious charge with potentially severe consequences.  If you’ve been charged with violating your probation, be sure to contact a criminal defense attorney with knowledge about, and experience with, these kinds of matters.

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.

Harboring a Fugitive

So your friend is wanted for something, and they want to stay at your house for a few days. arrestedIf you let them, can you get in trouble?

Harboring a fugitive refers to the crime of knowingly hiding a wanted criminal from the authorities. Federal and state laws, which vary by state, govern the crime of harboring a fugitive.

What is the penalty for harboring a fugitive?

An offender is subject to imprisonment for not more than one year, unless the warrant or process was issued on a felony charge, or after conviction of the fugitive of any offense, in which case the offender faces a maximum term of imprisonment of five years.

What is aiding and abetting a fugitive?

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 harboring a fugitive a felony?

For example, it is considered a misdemeanor and punishable by up to a year in prison in Maryland. By contrast, in North Carolina, if the suspect you are harboring committed a felony, you may also be charged with a felony, while if the suspect committed a misdemeanor, you may be charged with a misdemeanor.

What is considered a fugitive?

A fugitive from justice, also known as a wanted person, can be a person who is either convicted or accused of a crime and hiding from law enforcement in the state or taking refuge in a different country in order to avoid arrest.

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.

Helping Your Criminal Friends

So what if you give your friend a little help after they commit a crime. Better think twice Defense attorneybefore you do that. Helping a person after they have committed a crime may make you an accomplice.

Elements of Being an Accomplice

For criminal culpability, the prosecution has to prove that the person acted a particular crime and that he or she did so with the intent stated in the relevant statute. For example, the crime statute may state that the defendant had to “knowingly,” “willfully” or “deliberately” commit some act.

In accomplice liability cases, the court can find a criminal defendant guilty for acts that someone else actually commits. In order for the prosecution to successfully meet its burden to find a defendant guilty of accomplice liability, it must prove that the accomplice had the intent to help with the crime being committed. This means that the accomplice has to know that the principal is planning to commit a crime and that the accomplice intends to help the principal succeed in the commission of the crime. Additionally, state law usually requires that the accomplice aided, counseled, encouraged or assisted with the commission of the crime.

Scope of Liability

The accomplice can be found guilty of the actual crime that was planned and committed. Additionally, he or she can be found guilty of other crimes, as long as they were foreseeable as being committed during the target crime.

Examples of Accomplice Liability

There are many fact patterns that can rise to the level of accomplice liability. For example, someone may be an accomplice if they are the get-away driver or the lookout for law enforcement. Additionally, a person can be an accomplice if he or she lends tools, weapons, money or other instruments necessary to commit the crime in question. An accomplice does not need to be present at the scene of the crime to be found guilty of the crime. An accomplice can be found to have provided aid before, during or after the crime.

Withdrawal of Support

In some jurisdictions, an accomplice can avoid criminal culpability if he or she withdraws support before the crime is completed. If the only aid that the accomplice provided was encouragement, he or she may be able to cancel accomplice liability by then discouraging the principal. If more aid is provided, the person may need to take greater action to neutralize further commission of the crime.

Some states require the accomplice to thwart the crime completely in order to avoid being found guilty as an accomplice. For example, the accomplice may be required to call law enforcement and have law enforcement stop the principal to avoid his or her own criminal responsibility.

Difference between Conspiracy and Accomplice Liability
Accomplice liability is different and separate from conspiracy. A conspiracy occurs when two or more people actively conspire to plan and commit a crime in the future. A co-conspirator actually helps to commit the crime while an accomplice assists in the commission of a crime but does not actually commit the crime itself.

An accomplice can only be found guilty if the crime was actually committed. However, a co-conspirator can be found guilty of conspiracy even if the underlying crime was not committed. For example, an accomplice to a robbery can be charged with robbery. If the crime was not committed, there is no accomplice liability. If there was a conspiracy to commit robbery, but it was thwarted, the co-conspirators can be charged with conspiracy. If the robbery was actually committed, they can be charged with conspiracy and robbery.

Being found guilty of conspiracy usually requires an overt act toward the commission of the crime. State law determines the level that makes a particular act an overt one. However, this act is usually one that moves along the commission of a crime and not just mere thoughts of criminal behavior.

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.

Restraining Orders

Have you wondered about restraining orders? What they are and who can get them? Defense attorneyThanks to WikiHow.

In Florida, a restraining order is called an “injunction for protection.” It is issued by a civil court and commands the person named in the restraining order to refrain from doing something, usually contacting you or your children or coming within a specified distance of you (say 500 feet). Although the process for getting a restraining order may vary slightly depending on the county, the general procedure is the same.

Understand domestic violence restraining orders. You can get a domestic violence restraining order against a spouse, former spouse, or someone related by blood or marriage. The person must be living with you now or has in the past. You can also get one against the parent of your child, regardless of whether or not you were married or ever lived together.[1] Here are common examples of domestic violence:[2] •assault and aggravated assault
•battery and aggravated battery
•sexual assault and battery
•stalking and aggravated stalking
•kidnapping or false imprisonment
•any criminal offense resulting in physical injury or death of one family or household member by another family or household member

Identify the factors for determining “imminent danger” of harm. You can get a domestic violence restraining order even if abuse hasn’t happened yet. Instead, you can get a restraining order if you are in “imminent danger” of violence. The court will look at a variety of factors when determining “imminent danger”:[3] •the history between you and the abuser, including threats, stalking, physical abuse, and harassment
•if any attempt has been made to harm you or your family members
•if you have been threatened to have your children harmed or kidnapped
•if the abuser has intentionally injured or killed a family pet
•If the abuser has used or threatened to use any weapons against you
•if the abuser has restrained you from calling the police or leaving your home
•if the abuser has a criminal history involving violence or threats of violence
•if there is any prior order of protection entered against the abuser
•if the abuser has destroyed your personal property
•any other action that would lead you to reasonably believe that you are in immediate danger of domestic violence

Understanding the Requirements

Understand domestic violence restraining orders. You can get a domestic violence restraining order against a spouse, former spouse, or someone related by blood or marriage. The person must be living with you now or has in the past. You can also get one against the parent of your child, regardless of whether or not you were married or ever lived together.[1] Here are common examples of domestic violence:[2] •assault and aggravated assault
•battery and aggravated battery
•sexual assault and battery
•stalking and aggravated stalking
•kidnapping or false imprisonment
•any criminal offense resulting in physical injury or death of one family or household member by another family or household member

Identify the factors for determining “imminent danger” of harm. You can get a domestic violence restraining order even if abuse hasn’t happened yet. Instead, you can get a restraining order if you are in “imminent danger” of violence. The court will look at a variety of factors when determining “imminent danger”:[3] •the history between you and the abuser, including threats, stalking, physical abuse, and harassment
•if any attempt has been made to harm you or your family members
•if you have been threatened to have your children harmed or kidnapped
•if the abuser has intentionally injured or killed a family pet
•If the abuser has used or threatened to use any weapons against you
•if the abuser has restrained you from calling the police or leaving your home
•if the abuser has a criminal history involving violence or threats of violence
•if there is any prior order of protection entered against the abuser
•if the abuser has destroyed your personal property
•any other action that would lead you to reasonably believe that you are in immediate danger of domestic violence

Identify other restraining orders. If you do not qualify for a domestic violence restraining order, then you could get a different restraining order. There are four other kinds, depending on the kind of violence and your relationship to the abuser: stalking violence, repeat violence, sexual violence, and dating violence.[4] • Stalking violence: Someone purposely follows or harasses you repeatedly over a period of time for no legitimate purpose, which causes you emotional distress. If during the stalking the person threatens your life or to harm you, with the intent to cause you reasonable fear for your safety, then the stalking is aggravated.[5]
• Repeat violence: Two acts of violence or stalking on two separate occasions, one of which happened in the past six months. These injunctions are usually appropriate for disputes involving neighbors, coworkers, or other non-dating relationships.[6]
• Sexual violence: You have reported the incident to law enforcement and have been cooperating in criminal proceedings; or the abuser is about to be released from prison in the next 90 days and has been imprisoned for:[7] •sexual battery
•lewd or lascivious acts committed against someone under 16
•luring or enticing a child
•sexual performance by a child
•any felony where a sexual act was committed or attempted

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.

DUI Penalties

So if you or someone you now just got a DUI, you are wondering, what is going to happen copto me.

According to DMV Florida website:

If you drink alcohol and drive you dramatically increase your chance of being in a crash. In addition, if you are pulled over and the officer asks you to take a blood, urine or breath test you are required to comply. Florida has the “Implied Consent Law”. When you sign your drivers license you have agreed to take these tests upon request. Refusal to take any of the tests will result in an immediate suspension for one year. A second refusal will result in an 18 month suspension.

2017 DUI Statistics

According to Florida DMV records there were 43,899 DUI Violation Tickets Issued in 2017 and 24,334 DUI convictions. Of the 43,899 DUI tickets issued in Florida in 2017 – 7,612 were issued by the FHP, 17,530 were issued by police departments in Florida, and 18,056 were issued by Florida Sheriffs departments.

2017 Florida DUI Original Violations in the large Counties
Hillsborough County (Tampa) – 4,499
Miami-Dade – (Miami) – 3,099
Duval County – (Jacksonville Area) – 2,995
Pinellas County (St Petersburg) – 3,155
Palm Beach County (West Palm Beach) – 2,567
Orange County (Orlando) – 2,013
Brevard County (Melbourne) – 2,466
Broward County (Fort Lauderdale) – 3,104

Ignition Interlock

Florida law mandates that any driver convicted of a second DUI have an Ignition Interlock device installed in their vehicle. A judge may order an Interlock installed on first convictions depending on circumstances. Read the details of the Florida Ignition Interlock program.

No one can drink alcohol and still drive safely. Drinking and driving causes accidents and deaths every day and therefore the penalties in Florida are very tough. If you drink and drive the result may be jail time, loss of your Florida drivers license, heavy fines, and much higher auto insurance rates. And a conviction will stay on your Florida driving record for 75 years.

Zero Tolerance for Drivers under 21

Florida has a Zero Tolerance law for drivers under 21. This means that any driver under 21 that is stopped by law enforcement and has a blood alcohol level of .02 or higher will automatically have their Florida drivers license suspended for 6 months. The .02 limit really means that you cannot have a single drink and drive. And that’s the idea.

For drivers over 21 the legal limit in Florida is .08. Regardless of your age be aware that drinking and driving is considered a serious offense. Below we have summarized the penalties in the state of Florida for a first offense DUI, but the average cost including legal defense, fines, and auto insurance increases is $8000.

Florida Penalties for DUI First Conviction
Fine – $500 to $1000 (blood alcohol level of .15 or higher or minor in vehicle)
Community Service – 50 Hours
Probation – Not more than 1 Year
Imprisonment – Not more than 6 Months
Imprisonment with BAL of .08 or higher with a minor in the vehicle, not more than 9 months
License Revocation – Minimum of 180 days
DUI School – 12 Hours

Penalties for a first DUI conviction in Florida increase dramatically if BAL (Blood Alcohol Level is .15 or higher or if a minor is in the vehicle). In these cases an Ignition Interlock Device may be installed for at least 6 continuous months.

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.

Alcohol Ankle bracelet

If you make bad choices with alcohol, you may encounter some new technology – an ankle ankle braceletbracelet that detects alcohol. Actually that’s much more convenient than the old days when the court could order antabuse pills. With antabuse, you had to go to a treatment center every day and take a pill in the presence of a counselor.

SCRAM is short for Secure Continuous Remote Alcohol Monitoring. SCRAM bracelets attach to a person’s ankle and look for the presence of alcohol in sweat. SCRAM bracelet programs are a form of continuous alcohol monitoring with the benefit of not requiring frequent in-person check-ins to test for alcohol use.

SCRAM bracelets work by monitoring the wearer’s perspiration every 30 minutes. The device is similar to a Breathalyzer by determining the level of alcohol, if any, in the person’s body. Results are uploaded via modem and monitored by the private company.

Alcohol — or ethanol — tests can detect alcohol metabolites in urine, breath, saliva, sweat and blood for between two and 80 hours. Many people believe that an alcohol metabolite called ethyl glucuronide can be detected by ETG tests for about 80 hours.

The cost of incarcerating a person far outweighs the cost of an ankle monitor and house arrest. Putting a person in prison can cost over $20,000 a year, while house arrest only costs about $6,000 per year. 2. The Wearer Has To Help Pay For The Privilege of an Ankle Monitor.

Usually, the wearer has to pay for the cost of the monitor and a daily use fee. Some court systems charge on a sliding scale based on income and ability to pay. Others have a set fee of about $5-15 per day plus a setup fee as high as $200.

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.

Medical Marijuana

Most people don’t understand the current  marijuana law in Florida. This information is reefersfrom the state’s website.

What is low-THC cannabis?

In Florida, low-THC cannabis is distinct from medical marijuana in that it contains very low amounts of the psychoactive component tetrahydrocannabinol (THC). Because of its low-THC content, it does not have the euphoric properties that full-potency marijuana has.
Who qualifies for low-THC cannabis?

Qualified physicians may order low-THC cannabis for a qualified patient conditions enumerated in section 381.986, Florida Statutes.
Qualifying conditions include:
◦Cancer
◦Epilepsy
◦Glaucoma
◦HIV
◦AIDS
◦Post-traumatic stress disorder (PTSD)
◦Amyotrophic lateral sclerosis (ALS)
◦Crohn’s disease
◦Parkinson’s disease
◦Multiple sclerosis (MS)
◦Medical conditions of the same kind or class as or comparable to those above
◦A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification
◦Chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition
If a patient is younger than 18 years of age, a second physician must concur with the determination to treat the patient with low-THC cannabis.

What is medical marijuana?

Florida law defines medical marijuana as all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient.
Who qualifies for medical marijuana?

A qualified physician may only order medical marijuana for a patient with a qualifying condition that is diagnosed by the patient’s physician.

Qualifying conditions include:
◦Cancer
◦Epilepsy
◦Glaucoma
◦HIV
◦AIDS
◦Post-traumatic stress disorder (PTSD)
◦Amyotrophic lateral sclerosis (ALS)
◦Crohn’s disease
◦Parkinson’s disease
◦Multiple sclerosis (MS)
◦Medical conditions of the same kind or class as or comparable to those above
◦A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification
◦Chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition

The medical use of medical marijuana does NOT include the following:
◦The possession, use or administration of medical marijuana by smoking.
◦The transfer of medical marijuana to a person other than the qualified patient for whom it was ordered or their legal representative.
◦The use or administration of medical marijuana on any form of public transportation, in any public place, in a qualified patient’s place of employment, if restricted by his or her employer, in a state correctional institution, on the grounds of a preschool, primary school, or secondary school or any school bus or vehicle.

The medical use of medical marijuana does NOT include the following as stated in Section 381.986(1)(j), F.S.:
1.Possession, use, or administration of marijuana that was not purchased or acquired from a medical marijuana treatment center.
2.Possession, use, or administration of marijuana in a form for smoking, in the form of commercially produced food items other than edibles, or of marijuana seeds or flower, except for flower in a sealed, tamper-proof receptacle for vaping.
3.Use or administration of any form or amount of marijuana in a manner that is inconsistent with the qualified physician’s directions or physician certification.
4.Transfer of marijuana to a person other than the qualified patient for whom it was authorized or the qualified patient’s caregiver on behalf of the qualified patient.
5.Use or administration of marijuana in the following locations: a. On any form of public transportation, except for low-THC cannabis.
b. In any public place, except for low-THC cannabis.
c. In a qualified patient’s place of employment, except when permitted by his or her employer.
d. In a state correctional institution, as defined in s. 944.02, or a correctional institution, as defined in s. 944.241.
e. On the grounds of a preschool, primary school, or secondary school, except as provided in s. 1006.062.
f. In a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis

Can I Smoke it?

No. A marijuana delivery device is an object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introducing marijuana into the human body, and which is dispensed from a medical marijuana treatment center for medical use by a qualified patient.

What are the Requirements to receive it?

◦Be diagnosed with a qualifying condition
◦Be entered into the Medical Marijuana Use Registry by a qualified physician
◦Obtain a Medical Marijuana Use Registry Identification Card
◦Be a Florida resident or a seasonal resident

What does it cost to get a Registry Identification Card

A registration card costs $75 (not including the doctor visit). Compassionate Use Registry identification cards remain active for one year.

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.

Ignition Interlock Failure

You may not know it, but ignition interlock devices are required even for fist time ignition interlockoffenders if your blood alcohol level is above a certain limit. But what happens if you have the device installed and when you breathe into the device, you fail the test?

Ignition interlock violation consequences. Your ignition interlock device is designed to prevent you from driving while under the influence of alcohol. It is anticipated that you will never drive under the influence again but judgment can be cloudy after you have been drinking.

Your ignition interlock device is designed to prevent you from driving while under the influence of alcohol. It is anticipated that you will never drive under the influence again but judgment can be cloudy after you have been drinking. You should know that while the ignition interlock device is installed in your vehicle you are responsible for every test result that is registered on your device, including tests that are taken by other individuals who drive your car. You will be required to submit to rolling retests throughout your drive, and if you do not complete those tests or you fail a retest it will be logged for the state or DMV to see.

When you first try to start your vehicle you will be required to submit a breath sample to the ignition interlock device. Once the device determines you are not under the influence of alcohol you will be allowed to start your car. If the device determines you have alcohol on your breath your vehicle will not start. If you are worried this a false positive, wait a few minutes and swish some water in your mouth to be sure you are giving a clean sample. If you have been drinking you should know this result will be logged. The consequences for your violation will vary from state to state. These violations can range from extending the length of time you are required to have your device installed to paying a fine. Check with your state laws to know for sure what your penalties could be.

Once you have completed your test and your car starts, you are not finished. Your ignition interlock device will continue to operate and will require rolling retests throughout your drive. You will have a window of time to complete the rolling retest before it logs it as a violation. If you do not take the test the system will log it as a violation and report it. If you do take the test and you fail it will also be logged as a violation. Either way your car could have a number of responses to the failed test. One thing is for sure, the failed retest will not force your car to stop. Failed retests may have no affect on your car, or it could make your horn being honking, and flashing your lights until the car is turned off. This done to draw attention to your vehicle so potentially a police officer could pull you over. No matter what, your vehicle will not just turn off as that would be unsafe for the roadways.
Ignition Interlock Device Fees:
•First IID Violation Appointment Fee = $25.00
•IID Case Management Appointment Fee = $55.00
•IID Case Management Missed Appointment Fee = $55.00
•IID Monthly Appointment Fee = $25.00
•IID Monthly Missed Appointment Fee = $25.00

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.

Children and Miranda Rights

We are all familiar with Miranda rights. Our favorite tv shows always show the suspectquestioned being given their Miranda rights before being questioned by our favorite tv cops. The plain meaning of the Miranda Rights sometimes gets lost. The various ways that law enforcement word Miranda warnings around the country often compound the loss in meaning.

Protection Offered by the Miranda Rights

By law, a law enforcement officer should read the Miranda rights to the suspect at the time of his or her arrest. The major benefits include:
•That it is not a must to speak to the police
•That you are permitted to have an attorney advocate on your behalf at all times of the police interrogation—before, during, and after

A defendant may should to uphold these rights or waive them, as both options are available during the readout. In general, in the event that the defendant chooses to waive his or her Miranda rights, and in so doing speaks directly to officers in the absence of an attorney, then under the law, such correspondence is not coerced or involuntary.

Miranda Rights and Juveniles

Law enforcement officers also read out Miranda rights to juveniles if they are suspects. The issue is that juveniles often do not fully understand the rights read out to them, or worse, the implication of waiving their Miranda rights. Alarmingly, the rate of waivers among juveniles is as high as 90 percent.

This begs the question, “What could be the reason(s) for the absurdly high rate of Miranda Rights waiving?”

One reason is comprehension. As at 2014, the Harvard Medical School and others identified 371 variations of wording of Miranda rights. Of this number, a whopping 52 percent required at least an eight-grade reading level for proper understanding. Comprehension becomes more difficult courtesy of the added stress that plagues juveniles under arrest. Estimates state that comprehension suffers by at least 20 percent.

Another reason is the limited memory of all the rights included in Miranda. Taking full advantage of one’s Miranda Rights goes beyond understanding the verbiage. It is equally, if not more, important to remember all of the rights later on after the arrest and during the interrogation.

Waiving of Miranda Rights by Juveniles

Hot on the heels of these shocking stats are cases relating to the waiving of Miranda rights by juveniles. On one hand are cases that dispute whether a juvenile actually waived his or her Miranda rights. On the other hand are cases that dispute whether the Miranda rights were stated in a way to make the juvenile understand what rights were protected.

Currently, a number of states are considering adopting a revised Miranda standard. This Miranda standard would address many of the concerns regarding Miranda rights and juveniles. Proposed processes that would address these concerns include:
1.The provision of an easier-to-understand version of Miranda specifically for juveniles
2.Stipulating a minimum age requirement, such that juveniles below the limit would be legally unable to: 1.waive their Miranda rights
2.make a confession
3.or even speak to a police officer; in the absence of a parent or guardian

What Amounts to Admissible Juvenile Confession in Florida

Before juvenile confession is admissible in Florida, the following factors are used to examine the confession:
•How the police administered the Miranda rights, in addition to whether the police used any tricks or tactics during the reading
•The background, past experience, mental ability, and age of the juvenile
•Whether a parent or an attorney was present at the time of the confession
•The location where the confession occurred
•Whether the juvenile signed a written waiver of Miranda rights before the confession

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.

Arrested In Another State

So if you travel a lot, and you make bad choices, you might find yourself in a bad situation. drunk boatingWhat do you do if you are arrested in another state?

Jurisdiction

The state in which the alleged crime occurred is the state that has jurisdiction to prosecute the offense.  So, for example if you live in New York and you are arrested for drunk driving in California then the state of California has the right to prosecute you for that offense.

This can lead to some very real logistical problems for the defendant.  The criminal process often requires the defendant to appear in court multiple times.  If the defendant has been released on bail or other terms pending trial then it can be burdensome to return to the state in which the defendant is tried every time a court appearance is required.

It is important to know that you cannot simply return to your home state and ignore the charges from the other state.  The states and territories of the United States are required by the U.S. Constitution to render suspects on the request of another state.  This is commonly referred to as extradition.

Misdemeanors

Often, out of state residents who are arrested face misdemeanor charges such as driving while intoxicated or breach of the peace.  Many states allow the defendant to hire a local attorney who can appear for the defendant in most criminal proceedings.  That means that you would not have to bear the expense of traveling to the state in which the alleged misdemeanor occurred nor would you have to lose time from work in order to defend yourself.

If you choose to allow your attorney to appear for you then it is important that you find someone whom you trust and that you stay in close contact with your attorney by telephone or e-mail so that you know exactly what is happening with your case.

Felonies

If you are arrested for a felony, bail is often required for in state defendants, it is almost always required for out of state defendants.  If the defendant appears in court as required then the bail is refunded.  If the defendant does not appear as required then the bail is not returned to the defendant and the defendant is likely to be arrested and held in custody pending trial.

If you are convicted of a crime then in most circumstances the conviction becomes part of the public record.  Therefore, your out of state conviction might follow you if future employers or other parties are interested.  Thus, it is important to adhere to all of the rules in the jurisdiction in which you are charged and to work with a competent attorney for the best possible outcome.

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.