Of course there are a lot of reasons that you could be arrested. Some are given a citation or ticket to appear in court at a later date, then usually in three to 8 weeks they will be required to go to court to face either misdemeanor or infraction charges. If someone is physically arrested for a misdemeanor or a felony then they often have to post bail in order to get out of jail and return to court on a specific date to face their charges.

To further explain things: An infraction, like a speeding ticket is punishable by a fine only and not by time in jail. A misdemeanor which could take the form of a ticket or an arrest is punishable by up to a year in county jail and/or a fine. Finally, a felony is punishable by more than one year in state prison and/or a fine.

One way or another you will go to or be brought to court to face your charges at your arraignment. At this time you are formally told what the charges are and given an option of pleading guilty or not guilty. If you are charged with either a misdemeanor or a felony, you have the absolute constitutional right to a lawyer. If you cannot afford to hire your own lawyer, this is the time you will ask to be represented by the public defender. Either way, with the help of your lawyer, you will review any police reports and other evidence, discuss the charges, any potential settlement offers and decide how to proceed with your case.

If you are charged with an infraction, you are not entitled to a public defender however you may hire any lawyer of your choice. In the case of an infraction, it might be possible to resolve you case at the arraignment unless you are not guilty or believe you have a high likelihood of prevailing at trial. In this case, you would enter a not guilty plea and set the case for a trial in about one month.

If you are charged with a misdemeanor or a felony, the case may require more work before it can be settled or before it gets set for trial. Some felony cases can be settled by agreeing to perform drug education classes and avoiding jail time. Sometimes we can even get the case dismissed upon successful completion of such classes.

More complicated cases may require investigation by a private investigator or the assistance of an expert witness. This process may take some time and may even cost money out of the pocket of the defendant. However, if you lawyer tells you of the importance of investigation or expert opinion in your case, it may be worth spending the money to achieve a desired result.

Eventually, sometimes 60 to 90 days after the arraignment in a misdemeanor and maybe even longer in the case of a felony, the case will either get settled, dismissed or go to trial. Most cases are resolved prior to trial, however, in certain circumstances like third strike cases or cases requiring lifetime registration as a sex offender, trial may be the only option to avoid a lengthy prison term or other severe long term fallout.

Some of the consequences of even a misdemeanor conviction can include jail time, driver’s license, community service, loss of right to own firearms, loss of job and more. Please consult a lawyer if you are charged with any crime, especially a serious crime. If you are not a United States citizen, the conviction of some crimes can cause you to be deported, denied naturalization and denied re-entry into the country.

If you or someone you care about has been arrested, charged with a crime or is being investigated for a crime, please talk to a lawyer.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area. For more information, visit our website at http://www.criminallawyerclearwaterflorida.com or call (727) 799-3550.

If you are arrested, it means that if you want to post bail, it may cost you or your family thousands of dollars. This is money that is earned upon your release from custody and you will never see again. This is before your hire a private lawyer and before you know if you will even be charged with a crime.

It may be several days before before you go to court. You may be tempted to call a bail bondsman. Should we call him? Probably not.

Call a lawyer first. Always call a lawyer first. Bail bondsman make their money by posting bail bonds, not by giving legal advice. 75% of all misdemeanor cases come from felony arrests. Let me say that again…Three quarters of all misdemeanors come from felony arrests. This includes DUI which is the most commonly prosecuted case in the state of Florida.

We know that jail is terrible. “The food is bad…They are mean to me…They won’t let me use the phone…They never read me my rights…They won’t tell me when I go to court…we’ve heard it all.

Sit tight and you will see the judge within two business days. But can’t I get out now? Do I have to spend ten grand on bail? Can’t something be done? Will I go to County Jail? I hear it’s really bad there.

There is a 75 percent chance that your felony arrest will be a misdemeanor prosecution. In a misdemeanor prosecution there is a presumption that you should be released based upon your promise to come back to court without even posting bail. That’s right, if you wait the two days, there is a good chance you can get out of jail for free. Even if bail is set, there is a good chance that bail will be less than $100,000. On a bad day it might be $50,000. The two days in custody just saved you $4,000 to $5,000. It sounds like it might be worth the wait? It’s up to you. Even in a worst case scenario, if bail is not reduced, you can still post bail before the defendant is transferred to county jail.

Next, it might be possible to resolve the case at the arraignment. This is often not the best choice in resolving criminal cases, but it is another viable option. Rather than spending seven to ten thousand dollars on bail, hire a lawyer for less money than that, have him present at the arraignment and see if either the case can be settled quickly, bail can be lowered, the charges can be reduced or, if need be, bail can be posted.

If you have a situation from an arrest to a parking ticket, perhaps you should consult with 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.

We all have heard about the DUI checkpoints during the holidays. We all know that drinking is a big part of New Years Eve. Ever wonder what the statistics are?

Thanksgiving Eve, sometimes referred to as  “Black Wednesday”, is unofficially considered the busiest bar night of the year, which means it’s also the biggest night of the year for drunk driving.  Thanksgiving weekend is the most traveled holiday period of the year with almost 90% of those traveling doing so by car.  This combined with the busiest bar night of the year is a deadly mix.

Federal traffic safety data shows that the daily death toll from drunk driving during the holiday season is significantly more than the rest of the year.   According to NHTSA between 2001-2005 an average of 36 fatalities occurred per day in the U.S. as a result of crashes involving an alcohol impaired driver.  That number increases to 45 per day during the Christmas period and jumps to 54 per day over New Year’s holiday.

Another report shows that between 1998 and 2008 there was an average of 572 deaths annually on U.S. highways during the Thanksgiving holiday, making it the most deadly four-day holiday period on American roads.  36% of those deaths were alcohol related which is an average of 51 per day.  The numbers are so high due to the increased number of cars on the road and the unusual distances driven to share the holiday with family and friends.   The National Safety Commission blames speeding and tired and/or sleepy drivers, as well as those who have imbibed, for the high number of deaths.

We certainly hope you drive safely this year However, if someone you know unfortunately ends up with a DUI arrest, consider calling Alexander Truluck for a consultation. 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.

According to a recent Supreme Court decision, the police cannot search your cell phone without a warrant.

In a strong defense of digital age privacy, a unanimous Supreme Court ruled June 21, 2014 that police may not generally search the cellphones of people they arrest without first getting search warrants, according to an article in the Associated Press.

Cellphones are powerful devices unlike anything else police may find on someone they arrest, Chief Justice John Roberts said for the court. Because the phones contain so much information, police must get a warrant before looking through them, Roberts said.

“Modern cellphones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans the privacies of life,” Roberts said.

The message to police about what they should do before rummaging through a cellphone’s contents following an arrest is simple. “Get a warrant,” Roberts said.

The chief justice acknowledged that barring searches would affect law enforcement, but said: “Privacy comes at a cost.”

The court chose not to extend earlier rulings that allow police to empty a suspect’s pockets and examine whatever they find to ensure officers’ safety and prevent the destruction of evidence.

The Obama administration and the state of California, defending the cellphone searches, said cellphones should have no greater protection from a search than anything else police find.

But the defendants in these cases, backed by civil libertarians, librarians and news media groups, argued that cellphones, especially smartphones, are increasingly powerful computers that can store troves of sensitive personal information.

“By recognizing that the digital revolution has transformed our expectations of privacy, today’s decision is itself revolutionary and will help to protect the privacy rights of all Americans,” American Civil Liberties Union legal director Steven Shapiro said.

In the cases decided Wednesday, one defendant carried a smartphone, while the other carried an older flip phone.

If you have a been arrested, are facing a DUI, or just a traffic ticket, perhaps you should consult with 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.

Red light cameras are slowly being added in many communities around the Tampa Bay area.  But the systems are not without controversy.

After several months of searching for studies and reports on the real-world effects of RLCs, and analyzing all of those studies and reports, analysis shows that RLCs lead to a significant increase in crashes and injuries. Because of this, many people believe that RLCs are not a good idea and should be deactivated in the Tampa Bay area. If safety is the true motivator behind the city’s use of red-light cameras, then maybe they should consider the much more effective alternatives. The map below

The map below, provided by MyFoxTampaBay, shows the locations of red light cameras.

For 10 years, thousands of Los Angeles residents were fined for rolling through right turns on red. The LA red-light camera program supervised 32 intersections and targeted a driving behavior that does not cause accidents.

On any given day, the average driver could be slapped with a US$450 fine for turning right without posing any risk to pedestrians or other drivers, and the program still lost money. Local authorities remained obstinate, until activist Jay Beeber decided to push back.

After years of civilized pestering through NGO Safer Streets L.A., filmmaker Beeber was able to convince the authorities that red-light cameras had to go. On June 7, 2011, as the weight of Beeber’s evidence grew, the Los Angeles Police Commission voted unanimously against the LAPD’s recommendation to maintain the operation. There would be no further contracts for the $15 million project.

If you are facing a red light camera ticket, a traffic ticket or a DUI, perhaps you should consult with 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.

Refer WikiHow. The first thing to do is determine whether you need a defense attorney. Refer our previous blog postings, What can a Criminal Defense Lawyer Do for You?, and Should I Get a Lawyer for a DUI offense . If you are facing a criminal charge, no matter how minor, you could benefit from talking to a defense attorney. Even if you decide not to hire the attorney to represent you in court, a consultation with him or her could help you to understand the charges against you, the defenses available to you, what plea bargains might be offered to you, and what to do if you are convicted.^[1]

• If you are facing a serious charge, it is highly recommended that you have a defense attorney represent you in court, rather than just consult with him/her before your trial.

Know what a defense attorney does. Criminal defense attorneys are the attorneys that represent people charged with criminal conduct or have had a lawsuit filed against them. Criminal defense attorneys who concentrate their practice on criminal defense often know the prosecutors involved, can get concessions that other attorneys miss, have probably handled cases similar to yours and can better advise you of your options.^[2]

• Defense attorneys will also identify key pretrial issues, issue motions that can improve your situation, or even get your case dismissed.

Know what kind of defense attorney you need. You will need to determine if you need a state or federal attorney. If you have broken a state law, hire an attorney that specializes in state law. State law cases include traffic violations, broken contracts, robberies, and family disputes, among others. Federal cases include, but are not limited to, cases involving violation of the US Constitution, cases in which the United States is a party, bankruptcy cases, copyright cases, and patent cases.^[3]

• If you are being charged with breaking a federal law, you will want to hire a more experienced defense attorney who will be able to dedicate a large amount of time to your case. Because cases that involved federal law are often more complex, federal defense attorneys often require more prestigious credentials and experience than state attorneys.
• The key difference between breaking state and federal laws is that when you break a federal law, you are prosecuted by the United States Attorney’s office. A prosecutor from this office has more time and resources to dedicate to prosecuting you, so it is likely that the prosecution will be much stronger than in a state case. You will want a seasoned, respected criminal defense attorney to represent you in this instance, as they have more of a chance of winning your case.^[4]

Get a criminal defense attorney who concentrates his/her practice in the area of defense that you need.Many criminal defense attorneys not only handle routine criminal defense cases but some concentrate in a particular area of defense. Some focus on rape defense, violent crime defense, or other areas of specialty. No defense areas absolutely require a lawyer who concentrates in the area, and in many areas there are so few lawyers that getting one that concentrates on a specific crime is impossible. Get a lawyer who is willing to put in sufficient time to learn about your case and your defense.

• A lawyer may concentrate in an area but may not claim to be a specialist unless an outside agency certified to make the designation, awards him/her with that designation. The State Bar in many states offers specialization in law, and is the ultimate authority on credibility. Look at the designations offered to see if a specialization aligns with your case.
• Select an attorney specific to the stage of law you need. Many attorneys represent clients in the trial stage, the most common stage in court and popularized by the media. However, appellate attorneys require additional experience and certifications. Appellate attorneys can also only represent clients in specific courts. If looking to appeal a decision in a lower court, choose an attorney with experience and the ability to practice in a higher court for your jurisdiction. You can view a map on the appellate courts at this link.^[5]

Understand the difference between a defense attorney and a public defender.Public defenders are generally reserved for people who cannot afford private attorneys. However, public defenders have very little time and resources to work on your case and result in less justice, according to research done by the Justice Policy Institute*.

• Many public defenders try to juggle over two hundred cases or more. That is way over the maximum number of cases recommended by the American Bar Association, which recommends that any attorney should not handle over one hundred cases. Public defenders may be very passionate about their jobs and have the best intentions. However, they may be overwhelmed by the sheer number of cases and jeopardize their client’s constitutional right to effective representation in criminal court.

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 have been arrested for marijuana possession, your are probably wondering what to do next. One of the biggest things you may be wondering is what a good criminal defense for this is. The truth is that there are many different things that affect the possession charge and by knowing them you can have a better understanding of what you are in for.

The first thing you should know is what classifies possession. Now you should keep in mind that this is subject to not only the state you live in, but also the county or township and may be even further defined by the city. Generally it refers to knowingly having marijuana on your person, in your backpack or purse, in your vehicle or in your home. You may even be charged with possession if you have paraphernalia in your possession that has marijuana in it.

With this it is also important to note that it can be considered a misdemeanor or felony and there are several different factors that will determine that. Some of these factors include your age, your previous criminal history, whether you were on school grounds, the amount you have on you and any whether you also had paraphernalia.

Another thing you should keep in mind is just because you get charged with possession does not mean that this is the only charge they will give you. You can get multiple charges all relating to the same incidence, including intent to distribute, possession of paraphernalia and even DUI. Depending on where you live, if you have drugs on you and have innocent items, such as a bat, you may even be charged with a weapons charge.

If you are convicted of marijuana possession you can expect to see a variety of different punishments. Again, much of this is dependent on whether or not you are charged with a misdemeanor or felony charge and the other charges that they add to the case. For felony cases, you may have to do time in prison. For first time offenders, you may be put on probation and made to go to drug rehab, both of which can mean expensive fees on your behalf. There are many different outcomes which is why it is important to have a lawyer on your side that can help you get the best outcome for the case.

There are many different ways that a defense attorney can go about fighting your case for you. One of the ways they can do this is by trying to prove that you were not aware that this was on you. The problem is that there are only certain ways that this can work in your favor, specifically if you were not under the influence of marijuana and did not admit to knowing or having the drugs. They can also examine your case to see if there is some sort of loophole that you may be able to fit into to have the case dropped.

Due to the intricacies of the laws in each area, it is important to have someone who can look at your case and know the best course of action. A marijuana possession conviction is something that will stay with you throughout your life and can affect your ability to get certain student loans and even jobs. This is why you need a good defense lawyer to fight for you. Perhaps you should consider calling 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.

No criminal case is the same, which means none of the criminal defense attorneys will deal with each case in a similar fashion. The very changing nature of each case makes it mandatory for such a lawyer to find and deal with the special aspects of each case for getting a favorable decision from the jury.

Further, the best defense lawyer usually spots a few factors and arguments for mitigating a potential crime. As a fact, the defense lawyer representing you has other duties and roles to perform apart from calling witnesses in your favor and cross-questioning those put forward by the prosecution. Let’s check them out!

Negotiates a Deal
Criminal defense attorneys work with you as well as with the prosecutor for plea bargains, an opportunity to alleviate your charges or potential sentence. This is not possible if the defendants negotiate themselves.

Finds a Suitable Sentencing Program
In case of being guilty, the lawyer would ensure a self-improving or self-healing sentence program. For example, for a sentence of prison for 10 months, most criminal defense attorneys would reduce the detainment time and suggest spending the remaining time in an improvement program or rehabilitation centre for coming out of the problem.

Offers a Reality Check
The defense lawyers are more knowledgeable of what is happening during your criminal trial. Therefore, they provide insights into the trial to help you know what can happen. Such a reality check is vital for deciding whether to accept the plea bargain or not from the prosecutor.

Explains All Legal Rules
You will be explained all rules and regulations that cannot be found even by reading law books. This is something that only a concerned attorney can do! For instance, the lawyer can tell you whether the police search in your apartment was legal or not.

Discloses the Hidden Costs
Genuine criminal defense attorneys will reveal the hidden costs that might be associated with pleading guilty. For instance, in case you plead guilty, it becomes tough to find a job after finishing the term of your punishment. This is something that is never thought of, when people represent themselves.

Hires Expert Witnesses
It is known that a qualified lawyer will gather evidence in your favor. However, not many are aware that the lawyer can even find expert witnesses who present evidence to prove your innocence or deny prosecutor’s evidence. However, this is not mandatory and is done if the need is felt.

Hires Investigators
A god defense lawyer will find investigators who are capable of examine the alleged crime as well as witnesses of the prosecutor. This is done to find evidence to make a witness’s statement less believable and improve your case significantly.

If you are thinking about hiring a criminal defense attorney in the Clearwater or Tampa Bay area, you should talk to Alex Truluck.

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

If you have been arrested for a DUI offense, you are probably asking yourself if you should retain an attorney. It certainly is comforting to have someone on your side in that situation. Facing a courtroom and all that goes along with is a really scary situation. Do you need a lawyer to represent you in a DUI case? (Refer Driving Laws website) Hiring an experienced DUI attorney always has its benefits —  familiarity with the court system, knowledge of plea bargain details, and the ability to navigate complex administration procedures. It’s especially important if you are a repeat offender. However, if this is your first DUI and there were no additional or aggravating circumstances such as reckless driving,  DUI with a minor in the vehicle, or a high blood alcohol content (a BAC over .12) you may choose to proceed without a DUI attorney.

Pleading Guilty

If this is your first DUI, you may choose to simply plead guilty. That might be a wise choice if there were some certainty that you would be convicted — for example if your BAC is higher than .11 and the arresting officer testifies that you were driving erratically. But before you plead guilty, you should learn about the DUI / DWI laws penalties and fines in your state in order to make an informed decision. Even if you are convinced you should plead guilty, it is always possible that a DUI attorney may offer advice or counsel that could affect the severity of your sentence. Also keep in mind that if your BAC was between .08 and .11 (and there may be some question as to whether the reading was accurate) conviction is less of a certainty and a DUI attorney may be able to better plea bargain your case. Another fact to consider is that in most first non-injury first offense DUIs, judges hand down a routine sentence that seldom varies from one case to another.

Negotiating Your Sentence

In addition to plea bargaining (where the charge is reduced to a lesser one, like from DUI to reckless driving), most states have sentence bargaining. Sentence bargaining is extremely useful where a guilty plea might result in a long period of incarceration. For example, you may be willing to plead guilty to a second DUI but only if you know what your sentence will be. The same is true with an aggravated DUI cases where your BAC is over .15, or injury or death has resulted. In these types of cases you probably wouldn’t want to plead guilty unless you knew what sentence you’re going to get, and you would be well advised to have an attorney (as is generally true with all non-routine DUI cases).

Second Offenders Should Seek an Attorney

If this is not your first DUI / DWI, you will most likely need the assistance of a DUI attorney. If you’re concerned about the costs, some DUI attorneys will work with you and may offer credit payment plans or discounts.

Schedule an initial consultation with DUI attorney

Why not? If there’s no charge. You should have the facts before making a decision. 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 New York Times June 21, 2014

Lawyers gawked from office windows last month when a BMW S.U.V. swiped a parked police cruiser in the parking lot of a courthouse in Fort Lauderdale, then slammed into a gate over and over again.

A judge was at the wheel.

As lawyers used smartphones to snap pictures of the morning spectacle, Judge Lynn D. Rosenthal became the third Broward County judge in six months to be arrested on charges of driving under the influence. A colleague, Judge Gisele Pollack, had been suspended five days earlier after getting arrested on a D.U.I. charge while already on leave for taking the bench intoxicated — twice.

Even for South Florida, where absurd news events are routine and the sheriff went to prison for corruption, the spate of judicial scandals has raised serious questions about whether the arrests in Broward are a bizarre coincidence or underscore a larger systemic problem. In a county where the judiciary is known for old-school nepotism and cronyism, and judges have been caught smoking marijuana in a park and found drunk and partly naked in a hotel hallway, some lawyers find themselves wondering: At what point do isolated instances of misconduct point to something bigger?

On Wednesday, WPLG, an ABC affiliate, citing anonymous sources, reported that a Broward family court judge was under federal investigation on suspicion of allowing a now-convicted Ponzi schemer to influence a case.

And this month, a former judge in Broward was disbarred for exchanging 949 phone calls and 471 text messages with the prosecutor during a death penalty case. Yet another judge was recommended for removal in April after being accused of cheating clients and a co-counsel in the settlement of a civil suit she handled as a private lawyer a decade ago.

As it turns out, bad behavior by judges has become distressingly common across Florida in recent months. Judge John C. Murphy in Brevard County is on leave after he was caught on video this month threatening a public defender, who later accused the judge of punching him in the head. In the Keys, a judge who was replaced on the bench after dozing off told a local news reporter that Ambien made him hallucinate about “ ‘Fantasia’ and the dancing brooms.” Another stepped down because a blogger exposed a sexually explicit profile the judge had posted on a gay dating site.

But Broward — a heavily Democratic county of 1.8 million people with many judges who are the children, spouses, siblings and fraternity brothers of other judges and some of the region’s most powerful people — seems to be ground zero for allegations of judicial misconduct. The system’s critics say that is because Broward has a highly politicized and clannish culture that is known for protecting its own, which has led some in the judiciary to feel invincible, even as they preside over a county court system that produces the state’s highest exoneration rate.

“I do think it belies an underlying systemic problem in Broward County,” said Howard Finkelstein, Broward’s elected public defender. “I don’t think this stunningly embarrassing fact of having all these charges pending at the same time is indicative of a judiciary with substance abuse problems, but I do think it is a manifestation of the greater problem of a circle-the-wagons mentality.”

Records posted online by the Judicial Qualifications Commission, the independent agency that investigates misconduct by state judges in Florida’s 67 counties, show that 17 percent of the 62 formal disciplinary cases filed against sitting judges since 2001 have been in Broward.

Those figures do not include two judges who were recently arrested or those who resigned before a case was made public, such as Judge Lawrence L. Korda, who, in 2007, after presiding over parts of the Anna Nicole Smith case, was caught smoking marijuana in a park. (Not to be confused with Larry S. Seidlin, the Broward judge who sobbed on the bench during a nationally televised ruling on where the reality TV star should be buried.)

Many judges accused of wrongdoing remain on the bench, such as the family court judge who took in a foster child who had appeared in his court, only for the teenager to accuse the judge years later of molesting him.