Parole is serious business. Did you ever wonder what would happen if someone violated their parole? Penalties can include: Arrest Warrant: When a parolee is alleged to have violated a condition of release, a warrant may be issued for their arrest. Revocation: If the parole hearing is lost, parole is typically immediately revoked, and the remainder of the original prison sentence must be served.

After being released from prison, there is a generally a period of re-integration known as parole. During the parole period, the parolee is required to comply with certain terms and conditions. Since the parole period is a test to determine if the paroled individual was ready to re-enter society, failure to comply with these terms and conditions can have serious consequences. What those consequences are depends upon the type of violation that occurs and the decision of the parole officer and parole board.

Common Conditions of Parole

When a person is released on parole, he is required to comply with all federal and state laws.  He is usually required to remain in the state of his incarceration, or where the crime was committed, and must check in with a parole officer on a routine basis.

Parolees typically are also required to maintain or attempt to maintain steady employment; continue on any educational track they have begun; report regularly to a parole officer; notify their parole officer of any change of address; refrain from possessing, using or administering controlled substances; refrain from possession or control of a firearm or any defensive or deadly weapons; refrain from corresponding with anyone in a correctional facility or on parole; and waive extradition. Submitting to drug testing is also a common condition of parole, and parolees are required to submit to warrantless search and seizure and searches conducted without probable cause.

In addition to the general requirements, parolees may be subject to requirements specific to their offense as required within their state. For instance, sometimes, convicted sex offenders are required to submit to periodic polygraph examinations. Those convicted of an alcohol-related offense, on the other hand, may be required to refrain from consumption of any alcoholic beverages.

Parole Violations

When one or more of the conditions of parole are violated, some action is usually taken to give consequences to the parolee. In addition to consequences for the parole violation, it is important to note that a parolee may be charged in a separate criminal proceeding for any criminal offense even where the parolee is charged with violation of parole for the same conduct.

Defending Against an Alleged Parole Violation

When a parolee is accused of a parole violation, he can present evidence to try to show no such violation occurred. He does not necessarily have to absolutely prove that he did not violate his parole; he simply has to show that it wasn’t demonstrated by a preponderance of the evidence that he did violate it. Whenever possible, showing that no violation was proven is the parolee’s best course of action, since then he can walk away with no consequences at all.

A parolee also has the option of trying to justify or defend a violation that did occur. For instance, he could try to prove that his violation of parole was necessary or accidental. When he raises a defense of justification, the parole board may choose to take no administrative action against him or to take a lesser action than sending him to jail.

In any event, it is best to consult with a lawyer when accused of a parole violation in order to determine how to defend against the violation and what the best course of action is to avoid going back to jail.

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.

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.

Stalking; definitions; penalties.—
(1) As used in this section, the term:
(a) “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.

(b) “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. The term does not include constitutionally protected activity such as picketing or other organized protests.

(c) “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 had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.

(d) “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.

(2) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) 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, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) A person who, after an injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person’s property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) A law enforcement officer may arrest, without a warrant, any person that he or she has probable cause to believe has violated this section.

(7) A person who, after having been sentenced for a violation of s. 794.011, s. 800.04, or s. 847.0135(5) and prohibited from contacting the victim of the offense under s. 921.244, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8) The punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any offense under s. 794.011, s. 800.04, or s. 847.0135(5).

(9)(a) The sentencing court shall consider, as a part of any sentence, issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any such order be based upon the seriousness of the facts before the court, the probability of future violations by the perpetrator, and the safety of the victim and his or her family members or individuals closely associated with the victim.

If you have been charged with stalking, call 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.

The following information is from the Walgreen’s Website. October 24, 2017 – As part of its comprehensive national plan to combat drug abuse, Walgreens is now stocking Narcan®, an FDA-approved nasal form of naloxone, in all of its more than 8,000 pharmacies nationwide.

The medication, administered by nasal spray, can be used in the event of an overdose to reverse the effects of opioid drugs, which include some prescription painkillers and heroin.

“By stocking Narcan in all our pharmacies, we are making it easier for families and caregivers to help their loved ones by having it on hand in case it is needed,” said Rick Gates, Walgreens group vice president of pharmacy. “As a pharmacy we are committed to making Narcan more accessible in the communities we serve.”

In addition, Walgreens is adopting Centers for Disease Control and Prevention (CDC) recommendations by educating patients about Narcan when they are dispensed a controlled substance greater than 50 morphine milligram equivalents (MME) and may be at risk of accidental overdose.

“This action is an important milestone and we applaud Walgreens initiatives to improve access to Narcan Nasal Spray in communities across the U.S.,” said Seamus Mulligan, Chief Executive Officer of Adapt Pharma, the manufacturer of Narcan Nasal Spray. “This effort, combined with the opportunity for patients and caregivers to obtain Narcan Nasal Spray without an individual prescription in 45 states, is critical in combating this crisis.”

In an effort to educate the public on use of naloxone, pharmaceutical wholesaler AmerisourceBergen has distributed Narcan demo devices at no cost to Walgreens pharmacists for use in instructing patients on how to administer the medication. Additional instructions include calling 911, as Narcan is not a substitute for medical care. Anyone who is administered the medication should seek immediate medical attention.

“At AmerisourceBergen, we strive to provide our customers the highest quality care and support so they can ultimately enhance the lives of patients in their communities,” said Robert Mauch, Executive Vice President & Group President, Pharmaceutical Distribution & Strategic Global Sourcing for AmerisourceBergen. “We recognize the important role we play in addressing the opioid epidemic, and our collaboration with Walgreens is another key milestone to supply our customers with access to lifesaving initiatives and emergency medications that can help keep individuals safe across the country.”

Last year Walgreens announced an effort to make naloxone available without requiring a prescription in states where regulations allow. The company now offers naloxone without requiring a prescription in 45 states and is eager and willing to work with the remaining states to make naloxone easier to obtain.

Walgreens has also collected more than 155 tons of unwanted medications through its safe medication disposal kiosks in 600 pharmacies across 45 states and Washington D.C. The kiosks allow individuals to safely and conveniently dispose of unwanted prescriptions, including controlled substances and over-the-counter medications, year-round at no cost.

If y0u or your loved ones are using opioids, we hope you get help soon. If you get arrested, call 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.

Shoplifting is a crime with serious penalties, including potential fines and jail time. In addition to the criminal charges, shoplifters can be sued by merchants in civil court to recover damages as well. If you are facing a shoplifting charge, make sure you seek out a qualified Attorney for help.

How much do you actually know about shoplifting?  There are definitely some myths and misconceptions out there. Let’s look at the top three.

Shoplifting is a new phenomenon

Some people think shoplifting began with modern shopping malls, but actually, it’s at least as old as Shakespeare since a contemporary of the Bard, Robert Greene, wrote a pamphlet offering advice for shoplifters. According to historians, in 18th century London, stealing clothes accounted for 27% of theft.

Shoplifting is committed out of need

Most modern-day shoplifters are not stealing what they need, but what they want. The top five most-shoplifted items in the US are chewing gum, Advil, cell phones, Red Bull, and cosmetics/perfume.

Shoplifters are women and teenagers

Celebrity shoplifters, like Winona Ryder and Lindsay Lohan, seem to confirm that shoplifting is a woman’s crime, but in Britain, men in prison for shoplifting outnumber women by more than three to one. A 2004 University of Florida study found that middle-aged adults shoplift more than children, showing that those between the ages of 35-54 shoplift more than any other age group.

Because of the nature of shoplifting charges and the broad definition of shoplifting under Florida law, consulting with an aggressive and knowledgeable attorney is going to be the best thing you can do to help minimize consequences and reduce charges.

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 haven’t looked into it, you may assume that it is legal to possess marijuana in Florida. Not so fast. This isn’t California. First of all, you can’t get smokable marijuana from a dispensary in Florida. It is only pills and lotions. Secondly, the only way you can get high THC versions of the product, you have to have a statement from a physician that you are terminally ill.

PATIENT POSSESSION LIMITS

Patients who possess a physician’s recommendation may legally obtain medical cannabis provided by state licensed dispensaries. A qualified physician may not issue a physician certification for more than three 70-day supply limits of marijuana. The Department of Health shall quantify by rule a daily dose amount with equivalent dose amounts for each allowable form of marijuana dispensed by a medical marijuana treatment center. Qualified patients are not permitted to possess use, or administer “marijuana in a form for smoking, in the form of commercially produced food items other than edibles, or marijuana seeds or flowers, except for flower in a sealed, tamper-proof receptacle for vaping.”

HOME CULTIVATION

No

STATE-LICENSED DISPENSARIES

Yes

STATE-LICENSED DISPENSARIES OPERATIONAL

Dispensaries specializing in low-THC/high-CBD products (defined as at least ten percent CBD and no more than 0.8 percent THC) are now operational.

CAREGIVERS

Yes. A “caregiver” means a person who is at least twenty-one (21) years old who has agreed to assist with a qualifying patient’s medical use of marijuana and has qualified for and obtained a caregiver identification card issued by the Department of Health. The Department may limit the number of qualifying patients a caregiver may assist at one time and the number of caregivers that a qualifying patient may have at one time.
Instead, this iteration sought to expand the category of ailments that allow a person access to high-THC cannabis from only those with terminal illness to include the following debilitating medical conditions:

Cancer
Epilepsy
Glaucoma
+ Human immunodeficiency virus (HIV)
+ Acquired immune deficiency syndrome (AIDS)
Post-traumatic stress disorder (PTSD)
Amyotrophic lateral sclerosis (ALS)
Crohn’s disease
Parkinson’s disease
Multiple sclerosis

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

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

Refer ABC News Sept 11, 2017. As Hurricane Irma’s eye was crossing over central Florida on Sunday, some looters were caught trying to take advantage of the frightening situation.

Florida law enforcement played double duty saving the stranded and needy while also arresting alleged thieves for swiping goods from businesses and homes after one of the largest evacuations in Florida’s history.

At a press conference Monday, Broward’s sheriff, Scott Israel, issued a warning to potential looters.

“If you looted and we find out who you are, you will go to jail,” he said.
Fort Lauderdale law enforcement officers arrested 19 people on Sunday for looting.

Two people were taken into custody for trying to break into a home, a Fort Lauderdale police spokeswoman said.

On Twitter, the Fort Lauderdale Police Department warned the community about the consequences of looting.

Six adults and three juveniles, a Fort Lauderdale police spokeswoman confirmed, were booked Monday for burglary during a natural disaster. The charge is a felony in Florida and “holds the possibility of a longer sentencing,” the spokeswoman added.

Authorities in Miami hoped to turn would-be thieves away by instituting a curfew for residents.

“Thinking about looting? Ask these guys how that turned out. #stayindoors”

If you are arrested for a criminal offense, call 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.

Maybe to you, Burglary, Robbery and Theft are the same thing. Legally, they are different. Although they are often used interchangeably, because they all involve the unauthorized taking of someone’s personal property, they are all very different crimes. If you, or someone you love, has been arrested for theft, robbery, or burglary you will need the help of an experienced criminal defense attorney.

Here’s a little background on each and why they are unique:

Theft Charges

Theft is the most basic of all three crimes and occurs when someone takes someone else’s property without the consent of the owner and with the intention to permanently deprive the owner of its use or possession. It’s also sometimes called larceny, petty theft, or grand theft. Theft involves taking a tangible item so you can’t be convicted of theft if you try to take someone else’s land, for example (even though other criminal charges would apply). Theft usually involves money, physical goods or any other physical object you can move or transport.

Robbery Charges

Robbery is essentially theft accomplished through the use of physical force or fear. Robbery is a violent crime, but that doesn’t meant the victim has to suffer any type of injury. It’s enough to commit a robbery if you any type of force, including just a threat of violence. For example, forcing a person at gunpoint to give you their purse or wallet would be considered a robbery.

Burglary Charges

Burglary is committed if you enter into any structure with the intent to commit a crime inside. For purposes of burglary law, a structure includes nonresidential buildings, natural formations, and residential dwellings. One can commit a burglary even if the only force used is to open the door, and you can be convicted of burglary even if you don’t completely enter into a structure. For example, opening a window and stealing something off a ledge with just your arm still counts as burglary.

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.

A lot of people have been involved with squabbles with their spouse and sometimes the police get called. You may think – it’s no big deal – she’s not going to press charges. If case you didn’t know, it’s not up to the victim to decide if charges are filed. That’s up to the police. And the consequences can be significant.

If you are convicted of inflicting corporal injury on a spouse under California Penal Code Section 273.5, you face harsh penalties. A felony conviction is punishable by up to four years in state prison and fines of up to $6,000. You could also be prohibited from making any contact at all with the victim for 10 years and required to complete a 52-week batterer’s program.

Many people don’t know what it means to “inflict corporal injury” or who the law protects. Let’s look deeper into the law.

Prosecution for Corporal Injury on a Spouse

In order to be convicted of corporal injury on a spouse, the prosecution must prove all of the following elements:
●You inflicted corporal injury on a spouse, ex-spouse, partner or ex-partner, former or current cohabitant, or mother or father of your child,
●You willfully inflicted the injury, and
●A traumatic condition, whether a minor or serious wound or other injury to the body caused by physical force, resulted from the injury

Many people understand this law as physically hitting or injuring your significant other, but as you can see from the elements of this crime, it is much broader in scope than that.

What Does It Mean to Inflict Injury?

One of the key phrases in the elements of corporal injury on a spouse is “a traumatic condition.” This helps define “injury” under this law. For instance, when you think of the word “injury,” you may think of broken bones or severe pain that won’t allow you to walk or do normal tasks. However, the phrase “traumatic condition” is much more inclusive.

This means you could be convicted of this crime if you caused a minor injury to the victim, including small bruises or redness on the skin.

Does the Victim Have to Be Your Spouse?

Another common misconception is that you cannot be convicted of this crime if the alleged victim is not your spouse. This is simply not true. The law says that you can be convicted of this crime if you inflict corporal injury on a spouse or ex-spouse, partner or ex-partner, cohabitant, or co-parent.

So, for example, you could be convicted of this crime if you inflict corporal injury on your significant other, regardless if that person is living with you. It also means you could be convicted if you inflict corporal injury on a roommate.

A conviction of corporal injury on a spouse could have devastating consequences for you. You face jail time, expensive fines and counseling if you are convicted of this crime. That is why you should speak to an experienced domestic violence attorney immediately if you are accused of corporal injury on a spouse.

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 don’t know if you can arrange for an attorney. Maybe you are ill. Maybe you are just not ready.

Attend the court date. If you desire a postponement of the date because you simply need more time, you can opt to attend and ask the judge for more time on that date. Check in with the judge’s clerk when you arrive. Tell them what case you are there for and that you would like to ask the judge for a continuance. (Refer WikiHow)

There are many reasons you might want or need to postpone, or in legal terms obtain a continuance for a  court date. If you cannot physically be present for your court date, there are two avenues to pursue to postpone the date: by obtaining permission from the court; or by agreeing to postponement with the opposing counsel. If you can be present in court but are not prepared for your case, you can appear in person on the day of the court date and ask the judge for more time. Due to differing state laws and local rules, it is always best to consult with an experienced lawyer before proceeding.

Contact the court. Call or visit the clerk’s office of the court that is handling your case and explain why you cannot attend the scheduled date. The clerk will inform you how continuances are handled in that state, county, or city. •In most cases, obtaining a continuance will need to be handled a certain number of days in advance of the court date. Contact the court as soon as you are aware you cannot attend to give yourself ample time.
•When communicating with the clerk have your court date, case number, and any other relevant information available.

Take the directed action. If the reason you cannot attend is an appropriate basis for a continuance, the court will inform you what forms or motions must be filed with the court. •The exact forms or motions that need to be filed will vary based on the state or local rules or even the rules that the judge has set for her own courtroom.[1]
•For instance, in most civil cases in Illinois, to change a court date, you will be required to file a motion to continue. Some common reasons that form the basis of that motion are because you cannot be present because you will be out of town, in the hospital, or incarcerated. You may also file a motion to continue because you need to hire an attorney or because a key witness or piece of evidence will not be available on the scheduled day.

Confirm the continuance. After you take the necessary action, contact the court’s office again to ensure that the continuance was approved and the date was rescheduled. Do not skip the original date until you receive confirmation of cancellation of the original date and a rescheduled date.

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 you see on the news that there is an epidemic of  oxycontin and opioid use. Perhaps someone you know is driving around with a bag of pills or heroin. (Or God forbid, you are). So you are wondering what’s going to happen if they get caught in possession.

Felony possession can be charged when a person has –
Physical control of a controlled substance
Dominion over a controlled substance
Access to a controlled substance

A controlled substance can be defined as –
A prescription medication that was prescribed for someone else
An illegal drug or material or compound or substance that is listed as scheduled/controlled/restricted

Felony Possession Penalties

Each drug listed as controlled is defined by state by type and bulk amount. The type and amount of a substance, as well as intent to sell or distribute will be used to determine the punishment. Ohio’s laws are typical:

Generally, a person charged with possession of a schedule I or II drug is guilty of a 5th degree felony, however –

If the amount equals the defined bulk amount but is less than 5 times the bulk amount it is a 3rd degree felony
If the amount is more than 5 times but less than 50 the bulk amount, it is a 2nd degree felony
If the amount is more than 50 times but less than 100 times the bulk amount it is a 1st degree felony
If the amount exceeds 100 times the bulk amount, the defender is considered a major drug offender and will be sentenced to maximum prison term and possible additional prison terms.

If a person is charged with a schedule III, IV or V drug, they are guilty of 1st degree misdemeanor, however –

If the amount equals the defined bulk amount but is less than 5 times the bulk amount it is a 4th degree felony
If the amount is more than 5 times but less than 50 the bulk amount, it is a 3rd degree felony
If the amount is more than 50 times the bulk amount it is a 2nd degree felony

Marijuana, and cocaine are often listed with their own specific punishments. Generally marijuana possession is punished as –

A misdemeanor offense for less than 200 grams
A 5th degree felony for up to 1,000 grams
A 4th degree felony for up to 5,000 grams
A 3rd degree felony for up to 20,000 grams
A 2nd degree felony for anything over 20,000 grams

Cocaine possession is generally punished as –

A 4th degree felony for up to 25 grams (5 grams for crack cocaine)
A 3rd degree felony for up to 100 grams (10 grams for crack cocaine)
A 2nd degree felony for up to 500 grams (25 grams for crack cocaine)
A 1st degree felony for anything over 1,000 grams (100 grams for crack cocaine)

If you know someone who is in possession, hopefully they will get help. If they have been arrested, they should call Alexander 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.