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

If you make bad choices with alcohol, you may encounter some new technology – an ankle bracelet 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.

Most people don’t understand the current  marijuana law in Florida. This information is from 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.

You may not know it, but ignition interlock devices are required even for fist time offenders 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.

We are all familiar with Miranda rights. Our favorite tv shows always show the suspect 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.

So if you travel a lot, and you make bad choices, you might find yourself in a bad situation. What 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.

We have all heard about date rape. There is currently a high profile date rape in the news which is going on now. You have probably heard some of the details. What is date rape?

The difference between ‘date rape’ and standard ‘rape’ in the legal context is restricted to the legal meaning of the terms. Thus, they carry the same serious consequences. ‘Date rape’ is a specific form of rape where the victim knows the rapist, as opposed to the average idea that the perpetrator is a stranger to the victim.

History

The legal definition of rape has evolved over the years. According to common law, rape refers to the crime of having sexual intercourse without the consent of one of the participants. In time past, a required element of date rape is illegal | Kenneth Padowitz | Lawyerthe definition of rape was physical force or threats of force. Currently, many states have eliminated this condition as a mandatory element of rape. The improved definition stipulates that rape occur when the perpetrator goes ahead to engage in sexual intercourse after the victim:
•Says “no”
•Refuses to give consent
•Is unable to consent due to physical or mental constraints that results from either being ◦Physically disabled; or
◦Under the influence of alcohol or drugs

However, under common law, if the victim was the spouse of the offender, then the law exempted the offender from being charged with rape. The reasoning behind this exception was the archaic viewpoint that women were the property of their husbands, and as such, the every act that was sexual intercourse with one’s spouse was consensual. Today, clauses in rape laws to account for when the perpetrator is the spouse of the victim still exist in the rape laws of some states. However, the rape laws of most states have done away with such distinctions.

The Prevalence and Characteristics of Date Rape

To the average person, the perpetrators of rape are mainly strangers, and only a few percent of rape cases involve a rapist who knows the victim. The stats speak in a different voice. Statistics show that around 50% to as much as 80% of all rape cases are date rapes. The perpetrators of date rape fall into a vast number of categories. The offender may simply be a friend, a relative, a coworker, or some other acquaintance. Furthermore, the “date rape” label also applies to cases where the perpetrator believed that the potential of a romantic relationship existed, even though it never materialized.

Disabling Drugs

Around the end of the 20th century, a trend developed. Repeatedly, victims reported rape cases where their rapist used disabling drugs to impair them. The drugs include GHB, ketamine, and rophenol. The common tactic was for the rapist to smear the victim’s drink with the drugs while the victim was not looking. The usual symptoms were weakness, confusion, passing out, and short-term memory loss. Intake of some date rape drugs can lead to death, especially when taken in combination with alcohol. The authorities responded swiftly by enacting laws that targeted this act directly. The penalties were stiffer and charges were more serious in nature. In addition, a rapist who used disabling drugs on his or her victim may also stand for drug-related crimes.

Consent

In spite of the advances in generalizing the definition of rape as well as making punishments stiffer, hurdles remain, especially in disproving the position of a defendant that the victim wanted to engage in sexual intercourse. The expectations of women to resist a man’s sexual advances and that of men to be more sexually aggressive while pressing for romance still hold sway in the minds of majority of the population. These archaic expectations complemented by gender biases plague prosecutors, juries, and judges. For example, difficulty in proving the victim’s assertion that he or she was uninterested in sex would occur if the victim willingly invited the perpetrator in, or went out with the perpetrator, or admits to engaging in some form of sexual act. Even more confounding for the juries would be if the victim had previously consented to sex with the offender. This is despite the interpretation by the law that previous consent to a sexual act does not override the need for consent for every future sexual act.

Legal Help

Affected parties in a date rape case would need to contact a lawyer to have full knowledge of their rights and options at their disposal. For individuals on the receiving end of a date rape charge, serious consequences lie in the horizon. They include fines, jail time, and entering the sex offender blacklist. For victims, you have the opportunity to prosecute the offender and/or pursue civil damages for sexual assault.

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

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

We all know that you may lose your license if you get a DUI or other driving offense. But if you are convicted of a crime that is unrelated to driving – what happens?

Woman showing driving license and thumbs up

Is driving a right or a privilege?

In the State of Florida, driving is considered a privilege and not a right. A person’s driving privilege can be suspended, canceled or revoked for a number of reasons that can include (but are not limited to) failing to pay a ticket, failing to pay child support, or failing to attend traffic school.

Who monitors my driving privilege?

In Florida, the Department of Highway Safety and Motor Vehicles (DHSMV) is the agency that monitors a persons driving privilege among other services. The Agency has several offices throughout the State of Florida.

Can criminal charges and convictions impact my driving privilege?

Yes. Contact with the Criminal Justice system can impact an individuals driving privilege. In some instances, this impact may be temporary or short term. However, there are circumstances in which the impact may be permanent.

Can having a criminal conviction affect my privilege to drive?

Yes. The legislature has determined that if you are adjudicated guilty of certain crimes, the DHSMV MUST suspended your driver’s license. That means that if a person is adjudicated guilty of a crime because they were either found guilty by way of a trial or they accepted a plea agreement, their driving privilege MUST be suspended. Some examples of such offenses that carry mandatory drivers licenses suspensions, cancels or revocations include but are not limited to: Racing on a public street or highway and fleeing and alluding. If you are convicted of a racing offense or a fleeing and alluding offense the legislature has determined that your driving privilege MUST be suspended for at least a year.

Can my driving privilege be suspended if I am convicted of a crime that has nothing to do with driving?

Yes. If a person is adjudicated guilty of possession of drugs and charged under Chapter 893 of the Florida statutes their driving privilege MUST be suspended for a period of two years. Even a misdemeanor charge for possession of cannabis can suspend your driving privilege for two years. This is typically the case even if the offense has nothing to do with driving.

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.

Neighbors frequently have misunderstandings and squabbles, and they very often have opinions on what stalking means. For answers, we should go to Florida law.

A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree. §784.048(2), Florida Statutes.

□ A person who willfully, maliciously, and repeatedly follows, harasses or cyberstalks another person, and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree. §784.048(3), Florida Statutes.
□ “Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
□ “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose.
□ “Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat has the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution.
□ “Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. §784.048(1)(a-d), Florida Statutes.
STANDING
□ A person who is the victim of stalking or the parent or legal guardian of a minor child who is living at home who seeks an injunction for protection against stalking on behalf of the minor child has standing in the circuit court to file a sworn petition for an injunction for protection against stalking. §784.0485(1)(a), Florida Statutes.

If you are involved in a dispute that involves criminal behavior, consider calling Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

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

We are all familiar with the effect of DNA evidence in the court system. Movies and TV shows are featuring it all the time. Countless people have been released from prison when DNA evidence was introduce to prove their innocence.

For the layman, the premise of using DNA evidence is fail-safe. Our DNA is one of a limited number of biological signatures—another being our fingerprints. Considering that on average we shed 30,000 and 40,000 skin cells per hour, it is overwhelmingly possible for a suspect to leave a bio-trail at the scene of a crime that makes identifying him or her remarkably easy.

However, that explanation is also the bedrock of the opposing viewpoint held by professionals—that DNA evidence is easily transferable. Especially in instances where the DNA evidence is culled from skin cells, then the ability of skin cells to move easily can be a limiting factor to the reliability of the technique. Take this illuminating scenario for example. The murder of a multimillionaire was pinned on a homeless man. Unfortunately, this was a false allegation. The paramedics that had aided the homeless man earlier in the night also dutifully went to the murder scene. The cells of the homeless man had inadvertently tagged along for a road trip on the uniforms of the paramedics to the murder scene. This is one of the rising instances where the consequences of using DNA evidence have had negative impacts on the criminal justice system.

Touch DNA and how it affects the Criminal Justice System

The term to describe the ability of skin cells to implant themselves on objects is Touch DNA. The aging conception that DNA stays in one place is not holding up against growing evidence. In fact, according to a study published in the International Journal of Legal Medicine, it is possible for individual A to shake individual B, then when individual A touches an object afterward, individual A deposits the skin cells of individual B (acquired during the shake) rather than those of individual A on the object. According to another study in the Journal of Forensic Sciences, this type of transference could be the sole reason why individual B may be adjudged the main contributor to the DNA pool found on the object, despite never touching the object. The explanation for this phenomenon is that individuals shed skin cells at varying rates. A person who sheds more skin cells with invariably has a stronger DNA presence after analysis in a laboratory.

The New Dimension of DNA Evidence in Criminal Defense

For a while, prosecutors gleaned cheerfully after the discovery of DNA evidence. Going forward, this initial enthusiasm will grow thinner as more research defines the boundaries of the credibility of DNA evidence. For now though, the seed of skepticism has been sown. Touch DNA no longer primarily means clean-cut cases. DNA evidence is not always right, and in criminal defense that could be the difference between an acquittal and incarceration.

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.