Is Non Payment of Child Support a Criminal Offense?

Non Payment of Child Support is a civil matter. Enforcement is based on local laws. father and sonHowever, in Pinellas County, delinquency can result in your drivers license being suspended.

According to the Pinlleas County Clerk of the Court website:

The Clerk of the Court can enforce Child Support in the following ways:

Notice of Delinquency resulting in Judgment by Operation of Law: Fifteen (15) days after a case becomes delinquent according to a site other than the Clerk's websiteS.61.14(6)(a)1, the Clerk sends the Obligor (also referred to as “payor” or “respondent”) a notice of delinquency to the address of record. The Obligor has fifteen (15) days to make payment in full or file a motion to contest.

1.   Payment in full must include fees listed on notice.2.   a site other than the Clerk's websiteMotion to Contest. Upon receipt of a motion to contest the Clerk will schedule a hearing and send out notices for the hearing date and time to the Obligor and Obligee (also referred to as “payee” or “petitioner”). After the hearing an order is issued concerning delinquency.

3.   If payment or Motion is not received within the fifteen (15) days, a Judgment by Operation of Law is filed. This will cause the support records to accrue interest on arrears balances. Interest is established at the rate for that year by the a site other than the Clerk's websiteFlorida Department of Financial Services (Office of the Chief Financial Officer of Florida).

Driver’s License Suspension for Child Support Only and Non-IV-D Cases (only for cases not enforced by the Department of Revenue Child Support).

1.   Upon written request from the Obligee the Clerk will verify delinquency on account and send a Notice of Intent to Suspend to the Obligor. Notice is sent by regular mail that is posted to the Obligor’s last address of record with the Department of Highway Safety and Motor Vehicles as provided under a site other than the Clerk's websiteS.61.13016FS and a site other than the Clerk's websiteS.322.245.2.   The Obligor may do one of the following:

  • Make the payment of delinquency in full to the Clerk of Court
  • Enter into a written agreement with the Obligee and provide the signed, written agreement to the Clerk for filing, or
  • File a a site other than the Clerk's websiteMotion/petition to Contest the delinquency. Upon receipt of the motion and a $32.00 fee, the Clerk will schedule a hearing and send notice of the hearing date and time to both parties.

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

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

When To Post Bail

This may seem to be a silly question. If you are in jail, you really want to get out as soon as Bail signpossible, right? The answer is – It depends. There are some basic rules when deciding to bail out a client.

Now is the right time to post bail when:

  1. The client will be deported if he/she is not bailed immediately.
  2. The client will earn more money while out on bail than the cost of the bailbond.
  3. The client will lose a good job that he will be able to keep if he bails out.
  4. The client has children or dependants he/she must support.
  5. The client will suffer a substantial financial loss if he/she remains in custody: such as losing a home, or significant business transaction.
  6. The client must get out of custody in order to assist in his legal defense.
  7. Your lawyer tells you to bail out.
  8. You are in a position to post cash bail.
  9. You get a great deal on bail.

The holidays are a tough time to be in jail. Inmates are often scared while they are in custody and put a great deal of pressure on family members to post bail, especially this time of year. Most of us have never been in jail and don’t understand the difficult time that inmates in local jails can actually face. Inmates are often threatened while in custody, pressured to do things they wouldn’t normally do, and certainly subjected to deplorable conditions in jail.

Inmates are often “tested” by other inmates. Especially when they first arrive in jail, inmates try to push each other and see what they can get away with.

From such fear come the many phone calls begging for bail. Parents and family members who are not familiar with the criminal justice system often try to scrape together every nickel they have to post bail and then have no money left to hire an attorney or pay for the cost of a private investigator or expert witness, or pay their rent or mortgage.

You should talk to your lawyer BEFORE posting bail. Maybe bail can be reduced, maybe the case can be settled, or maybe the defendant can stick it out in custody and that money can be used to hire a lawyer or at least for living expenses after the client is released from custody. Remember, inmates accrue credit for the time they are in custody before the case is over. That credit can greatly reduce a sentence in a case. This is what we can “time served”.

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.

 

Man Wears Sign Instead of Going to Jail

According to Channel News 8 WFLA dot com in Tampa:

Greg Davenport was outside Walmart in Liberty, Ohio on Wednesday carrying a sign court hearingsaying, “I am a thief. I stole from Walmart.”

Davenport said he will be holding the sign for eight hours a day for 10 days, rather than spending 30 days in jail. He said he was caught trying to take a 52-inch television out of the store.

“I stole, I got punished. That’s it,” Davenport said, adding that he chose the punishment so he could take care of his parents.

Someone checks every other hour to make sure Davenport is walking the street.

Davenport has previous petty theft charges in four surrounding towns.

Liberty Police Chief Richard Tisone he hopes holding the sign embarrasses Davenport enough to keep him from committing the same crime again.

“Maybe you can get to their inner side. Maybe they’re a little embarrassed by the fact they have to hold a sign up, so it might affect some of these individuals, so I’m all for it,” he said.

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.

Domestic Abuse Charges

Domestic abuse, also known as spousal abuse, occurs when one person in an intimate relationship or marriage tries to dominate and control the other person. Domestic abuse that includes physical violence is called domestic violence.

Domestic violence and abuse are used for one purpose and one purpose only: to gain and maintain total control over you. An abuser doesn’t “play fair.” Abusers use fear, guilt, shame, and intimidation to wear you down and keep you under his or her thumb. Your abuser may also threaten you, hurt you, or hurt those around you.

Domestic violence and abuse does not discriminate; it happens among heterosexual couples and in same-sex partnerships. It occurs within all age ranges, ethnic backgrounds, and economic levels. And while women are more commonly victimized, men are also abused—especially verbally and emotionally, although sometimes even physically as well. The bottom line is that abusive behavior is never acceptable, whether it’s coming from a man, a woman, a teenager, or an older adult. You deserve to feel valued, respected, and safe.

There are many signs of an abusive relationship. The most telling sign is fear of your partner. If you feel like you have to walk on eggshells around your partner—constantly watching what you say and do in order to avoid a blow-up—chances are your relationship is unhealthy and abusive. Other signs that you may be in an abusive relationship include a partner who belittles you or tries to control you, and feelings of self-loathing, helplessness, and desperation.

Unfortunately, it is easy for someone to file charges for spousal abuse. If this has happened to you, perhaps you should 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.

Marijuana Penalties in Tampa

Many people are concerned that young people might have their entire lives ruined because reefersof being arrested with a small amount of Marijuana. Currently, the penalty for possession of Marijuana is probation or prison time.

According to Channel 10 News in Tampa, WTSP,

Tampa could soon become the next city in Florida to decriminalize small amounts of marijuana.

In a push to decriminalize the possession of small amounts of marijuana in Tampa, on Thursday city council members decided on a date to vote on the issue.

The legal department has drafted an ordinance that would give civil citations to people who are caught with 20 grams or less of marijuana. Fines would start at $75 and must be paid within 30 days to prevent court proceedings. The person would also have to go to drug counseling. If a person has more than four citations, that will also trigger court proceedings.

A group of mothers in support of decriminalizing marijuana made a case against the current rules which they say are too harsh.

“It’s a big step to not be afraid that they’re going to go to jail for it. And it’s also a big step for teenagers who live in the area – or young people – not having their lives ruined over a small amount of a plant,” says Meredith Landerville.

A vote is set for March 4.

City councilman Harry Cohen says if this ordinance is passed, it could become law in the city within a couple of 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.

White Collar Crime

An example of white collar crime is tax evasion. Joseph Wilke, the owner of a Marinette Defense attorneyheating and air conditioning business, pleaded guilty to federal tax evasion charges in federal court in Green Bay.  The announcement was made by United States Attorney James L. Santelle.

Wlike, 56, admitted that he failed to report more than $130,000 of income which he earned from a side-business during the years 2007-2009.  This caused him to under report on federal taxes by more than $51,000 according to the United States Department of Justice.

Based on his plea agreement, Wilke faces a maximum sentence of 5 years in prison and fines up to $250,000.  He will also make restitution to the Internal Revenue Service for his unpaid taxes, interest, and penalties, which totals more than $108,000.

Wilke was released on bond and a sentencing hearing has been scheduled for September 29, 2014.

This case was investigated by the Internal Revenue Service Criminal Investigation and prosecuted by Assistant United States Attorney Matthew L. Jacobs.

Tax evasion is the illegal evasion of taxes by individuals, corporations, and trusts.  Typically, tax evasion schemes involve the misrepresentation of income to the Internal Revenue Service by under reporting income, inflating deductions, or hiding money and interest altogether in offshore accounts. The estimated federal revenue lost to tax evasion was an estimated $305 billion during the calendar year of 2010.

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.

Marijuana DUI

Most people are familiar with the rules and process involved when you are stopped for drug testalcohol DUI. Though the testing methods are in no way perfect, they are much more definitive than the typical methods used to determine marijuana DUI. Breath and blood testing measures blood alcohol concentration (BAC), which has been scientifically proven over time to consistently demonstrate intoxication. On the other hand, testing for impairment when a driver has been using marijuana or other drugs can be much more challenging. In some cases, THC can remain in a person’s blood for a significant time following usage. So what tests and methods do law enforcement use? If police determine a person has exceeded this limit or is “too stoned” to drive, they can be arrested and charged with DUI. The limit in Colorado has currently been set at 5 nanograms per milliliter of blood. Delta 9-Tetrahydrocannabinol (THC) is the active compound that causes impairment. It is important to understand that this is a very minute amount, as one nanogram is equivalent to just one billionth of a gram. Four Main Tests Used in Marijuana Cases Law enforcement has found different tests designed to help them determine whether a driver is under the influence of marijuana. The four ways to detect THC in a person’s body include:

Blood test – As the most common test used, THC levels can be detected in the blood, providing accurate estimates.

Saliva swab – A swab of saliva is taken and tested, allowing police to determine THC levels and how recently marijuana was used.

Urine test – A sample of urine is taken and tested to determine if byproducts of THC broken down by the body are present.

Hair test – Similar to the urine test, only the byproduct of THC can be detected through this test. Unlike alcohol, THC stays in the body much longer. This means that THC levels could be high, but the driver may not be feeling the effects or “impairment” of the drug anymore. In some cases, it may take as long as 72 hours for THC to leave the system. A blood test may show high THC levels when an individual hasn’t actually smoked or ingested marijuana in a day or longer.

If you have been arrested for marijuana DUI, do not hesitate to get counsel. 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.

New Years Eve Sobriety Checkpoints in Florida

There is actually a website that lists Sobriety checkpoints for people. They charge $29.99 a year to give you text and email warnings.It’s DUI Block dot com. See the examples below:

County City Location Time
Bradford Starke Undisclosed Location – Bradford County Fri Jan 8, 2016
Clay Keystone Heights Fl-100 Fri Jan 8, 2016
Collier Naples Immokalee Rd and Oaks Blvd Sat Jan 2, 2016
Okaloosa Fort Walton Beach Us-98 @ Brooks Bridge Thu Dec 31, 2016
Broward Pompano Beach Us-441 and Southgate Blvd Thur Dec 31, 2016
Broward Fort Lauderdale W Oakland Park Blvd and N Pine Island Rd Thur Dec 31, 2016
Pinellas Saint Petersburg Park Blvd Thu Dec 31, 2016
Duval Jacksonville Old Middleburg Rd Thu Dec 31, 2016
Sarasota Sarasota Dui Wolf Packs – Sarasota Manatee Countys Thu Dec 31, 2016
Pinellas Clearwater Us 19 And Curlew Rd Thu Dec 31, 2016
Sarasota Sarasota Undisclosed Location – Sarasota / Manatee Sat Dec 26, 2015
Escambia Pensacola Us-29 and Muscogee Rd – Cantonment Thu Dec 24, 2015
Pinellas Clearwater Dui Wolf Packs – Pinellas County Sat Dec 19, 2015
Miami-Dade North Miami Beach N Miami Beach Blvd and Ne 10th Ave Fri Dec 18, 2015
Lee Fort Myers Undisclosed Location – Lee County Fri Dec 18, 2015
Lake Clermont Us-27 and Hooks St Fri Dec 11, 2015
Duval Jacksonville Undisclosed Location – City Limits Fri Dec 11, 2015
Miami-Dade Miami Sw 3 Av and Sw 7 St 8pm To 12am – Thu Dec 10, 2015
Broward Pembroke Pines Pines Blvd and Nw 76th Ave 10pm To 3am – Fri Dec 4, 2015
Sarasota Sarasota Wolfpack Detail 9pm To 4am – Sat Nov 28, 2015

We would really rather that you take a cab or drink responsibly than subscribe to this website.

However, if you or someone you know is arrested for DUI, have them 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.

 

Presidential Candidates and Marijuana

refer “the weed blog” July 7, 2015.

Marijuana is already legal in Alaska, Colorado, the District of Columbia, Oregon, and reefersWashington. With legalization initiatives looming this year and next in states as diverse as Michigan, Ohio, Maine, Massachusetts, California, Nevada, and Arizona, marijuana policy is most definitely on the agenda in the 2016 presidential election campaign.

Candidates and presumed candidates from both parties have staked out a wide array of positions on the issue (although none have taken the bold step of actually advocating for legalization). Now, thanks to the Marijuana Policy Project, we have a scorecard to keep them all straight.

The pro-legalization advocacy group has released its Voters Guide to the 2016 PresidentialRace, detailing the candidates’ positions on marijuana policy and assigning them grades based on where they stand. The candidates were graded on actions they have taken and statements they have made indicating their support for ending pot prohibition, allowing legal access to medical marijuana and defending states’ rights to set their own marijuana policies.

“Most Americans recognize that marijuana is less harmful than alcohol and they think it should be made legal for adults,” said MPP spokesperson Mason Tvert. “Voters should know which candidates support rolling back prohibition and which ones are fighting to maintain it. People are becoming increasingly wary of the federal government’s role in our nation’s marijuana policies.”

Marco Rubio, Grade: D

The young Florida senator staunchly opposes marijuana legalization, but has expressed some support for medicinal use of non-psychoactive forms of medical marijuana (CBD cannabis oil). He has wobbled on the states’ rights issue.

Rubio on marijuana policy:

“If there are medicinal uses of marijuana that don’t have the elements that are mind-altering or create the high but do alleviate whatever condition it may be they are trying to alleviate, that is something I would be open to.” —Tampa Bay Times, July 30, 2014

“Marijuana is illegal under federal law. That should be enforced.” —ABC News, May 15, 2014

Donald Trump, Grade: C

The businessman and television personality supported legalizing all drugs in 1990, but has since changed his tune. He opposes marijuana legalization, but supports access to medical marijuana and has suggested support for letting states decide their own pot policies.

Trump on marijuana and drug policy:

“I’d say [regulating marijuana] is bad. Medical marijuana is another thing, but I think it’s bad and I feel strongly about that. [In response to states’ rights argument] If they vote for it, they vote for it. But, you know, they’ve got a lot of problems going on in Colorado right now. Big problems. But I think, medical marijuana, 100%.” —C-SPAN, Feb. 27, 2015

Hillary Clinton, Grade: B-

The Democratic favorite says she is open to more research on medical marijuana and that she supports Colorado and Washington’s rights to set their own marijuana policies. She says she is interested in seeing the results of their experiment before taking a position for or against legalization.

Clinton on marijuana policy: ”I don’t think we’ve done enough research yet although I think for people who are in extreme medical conditions and have anecdotal evidence that it works, there should be availability under appropriate circumstances.”

However, marijuana is illegal in Florida. If you get caught with some, 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.

 

Don’t Try to Run from Police

Don’t try to run from police when you are Drunk or Don’t Have a License. You only make DUIthings worse.

You hear a lot of horror stories when it comes to clients being arrested for evading law enforcement. Why didn’t you stop? I was scared because my license was suspended or I was scared because I had been drinking are the most common answers that I hear.

It’s as simple as this: None of these answers justify evading police. Evading law enforcement as a felony carries a mandatory minimum 180 days in county jail and up to three years in prison. This is assuming nobody gets injured or killed in the pursuit. By contrast, even a third offense DUI only carries a mandatory minimum of 120 days. Driving on a suspended license with no priors does not require mandatory jail and with priors is usually 30 days or less.

So, even if you think you may be over the legal limit for alcohol consumption and even if your privilege to drive is suspended, if you see those flashing lights behind you or you hear that siren and see the cops, pull to the right and stop as soon as possible. You will be much better off in the long run than if you try to evade the police.

If you or someone you know has been arrested for evading police, DUI, driving on a suspended license or any other criminal charge call a lawyer with the ability and experience to get the job done right.

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.