Not if you can avoid it. You should ask to talk to your lawyer. In any case you shouldn’t say anything. If you do say something, don’t lie.  We have a right to remain silent, but we do not have a right to lie.

In the heat of a situation, it may be difficult not to same something. It is our natural instinct to respond to a question, particularly if it is accusatory. However, we need to keep a cool head and ask yourself what to I have to gain by talking, and what do I have to lose. When police approach us on the street, we do NOT need to stop and talk to them unless we are ordered to do so. We do NOT need to open ours doors at home for the police and we have a right to exclude them from our property unless they have a search warrant to be there. By avoiding the contact in the beginning it makes it much easier to avoid answering questions by not ever being face to face with the police.

This is not to say that we can fail to stop when the cops try to pull us over on the road or we can refuse to be arrested or resist arrest when cops try and put handcuffs on us and take us to jail. What’s the difference? In many cases there is a very fine line between what the law calls a “consensual encounter” with law enforcement and the police ordering us to do something.

You should be careful out there. There is a very fine line between not answering questions from the cops and failing to comply with their “lawful orders”. The trick is to find out where that line is located and stay there. Once you ordered to stop by the cops, you must do that. You still don’t need to talk to them. At this point remember to be compliant. Hand over your identification, keep your hands on the steering wheel and don’t make any sudden movements. Tell the officer if you need to reach for your wallet or into your glove box. Make eye contact with the officer if possible. Listen to what he says. You may not like the way he speaks to you, but deal with it to keep yourself safe in the tense situation.

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.

Drug tests are becoming more and more common with employment applications. What happens if you fail?

1. You won’t get the job

2. It will usually just stay between you and your employer. Some employers place those tests into a national database that other potential employers can pull up when you apply for a job.

3. It can show up in a national database for other employers to see. This is rare and only very few employers use this. Walgreens uses it.

4. No, police will not know. It’s not a crime to have drugs in your system unless you’re driving.

Is drug testing legal?

The federal government has limited laws regarding drug testing. Therefore, drug testing is mostly a state issue. States and local jurisdictions have different laws regarding what methods of drug testing are lawful, which substances can be included in a drug test, and when employers can use drug tests.

What Can Cause a False Positive?

There are many legal substances and products that can cause a false positive. The following common substances are among the many that may cause a false positive.

Do I Need a Lawyer if I Fail a Drug Test?

An experienced employment lawyer can help an employee who has not been hired, who has been fired, or who has been denied benefits because of an unlawful or faulty drug test. Your attorney can help you understand the drug testing laws in your jurisdiction, decipher the best course of action for you, and protect your rights and remedies.

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 get a DUI, the first thing that you will probably do is retain an attorney. Most attorneys charge for their services on an hourly basis. The lawyer speaks to the client, discusses the case and takes a “retainer”, or advance funds, and bills against the retainer for his work. When the retainer gets used up, the lawyer will require additional payments.

First offense, no injury, no damage. For our purposes we’ll consider a first offense only and we’ll presume you’re lucky enough not to have hit anyone or caused property damage. The conclusion is that if you’re arrested, you should expect to pay somewhere between $5,000 and $12,000 with the largest cost typically being the jump in your insurance rates. (BTW, subsequent offenses may double or triple the costs.) Here’s a breakdown:

• Court Costs. Fines differ from state to state and county to county. Typically first offense fines range between $250 and $1500.
• Legal Fees. Using a lawyer to navigate the system will probably help but (assuming you don’t go to trial) will cost approximately $2,000. Of course, there’s no expense if you don’t have an attorney. Cost: $0 (no lawyer) to $2,000. (Going to trial will likely cost at least $5,000. )
• License Reinstatment. The administrative costs for getting your license back after suspensions vary by state. Expect to pay between $250 and $500.
• Substance Abuse/Counseling/Rehabilitation Classes – If these are required in your case, the costs may range from $100 to $500.
• Ignition Interlock System. If required, you’ll pay an installation fee ($100) and monthly rental fee of approximately $50 to $100 per month. Average time for first offense is 3 months though many states require longer periods. Figure this cost between $0 and $325
• Increased Insurance costs. After a DUI, you’ll be categorized by your insurance company as a high-risk driver. Most insurance companies will raise rates at least $1,000 – $1500 or more annually. This high-risk requirement typically continues for three years, after which the rates drop back down. Expect to pay between $3,000 – $4500 over three years.
• Loss of Income. Sitting in jail, doing community service, court appearances and remedial services may take you away from your job for anywhere from one to four weeks. The median US income in 2014 was about $52,000 a year. So we’re estimating the cost at $1,000 to $4,000.

Conclusion: We estimate that the average cost for a non-injury, non-property damage DUI is between $5,000 and $12,000. Keep in mind that our numbers are on the conservative side.

If you have been arrested for DUI, consider 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.

If you have been arrested for assault and battery, or either offense, you are obviously concerned about the meaning. The definitions may surprise you.

Assault, which is quite different from battery is the threatening of a victim, generally verbal. Although assault does not include the actual touching of the victim, the victim believes that he/she is being threatened and in danger of being harmed.

Battery, is the actual harming of the individual, either physical or verbal.
Although some states have replaced the word “battery” with the word “assault”, most states have kept them as two different crimes/charges.

Another Explanation:
Assault – To place another in APPREHENSION of an offensive and imminent bodily contact (a battery). NOTE this is not fear. Therefore, if a 100 pound weakling cocks his fist menacingly at a 300 pound professional bodybuilder, said bodybuilder would not be fearful, but can apprehend that the weakling may hit him, resulting in a battery.

Battery – An intentional harmful or offensive contact with a person or an object intimately connected to said person. Basically, any intentional body to body contact meant to be harmful and/or offensive is a battery. No injury needs to occur necessarily (but with no injury, damages will be low). Also, I could swipe an object out of your hand in anger. That too would be a battery.

If have been arrested for assault and battery or some kind of domestic dispute, consider having a consultation with 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.

Most people are not well informed about how to act when confronted by the police. There are three common questions people ask.

Does it help to be cooperative?

Do you have to answer their questions?

Can they use my statements against me, even if they are the truth?

The answers are no, no and absolutely. Do you know your Miranda Rights? “Well, yes” is usually the answer. Anything you say can and will be used against you in court. We have heard it on t.v. for years. Most of us know them by heart even though many cops still need to carry a card in their pocket to get them right.

“Then what should I do when I get asked questions by the cops?” Again, the answers don’t change: Choice 1: Ask to speak with your lawyer. Choice 2: Say nothing and a very distant Choice 3: Tell the truth. We have a right to remain silent, but we do not have a right to lie.

“How can I just ignore the cops when they are right in front of me?” I admit that it is very difficult to ignore the direct questions of police officers. However, we must first evaluate the situation in its entirety. When police approach us on the street, we do NOT need to stop and talk to them unless we are ordered to do so. We do NOT need to open ours doors at home for the police and we have a right to exclude them from our property unless they have a search warrant to be there. By avoiding the contact in the beginning it makes it much easier to avoid answering questions by not ever being face to face with the police.

This is not to say that we can fail to stop when the cops try to pull us over on the road or we can refuse to be arrested or resist arrest when cops try and put handcuffs on us and take us to jail. What’s the difference? In many cases there is a very fine line between what the law calls a “consensual encounter” with law enforcement and the police ordering us to do something.

A person should just be careful out there. There is a very fine line between not answering questions from the cops and failing to comply with their “lawful orders”. The trick is to find out where that line is located and stay there. Once you ordered to stop by the cops, you must do that. You still don’t need to talk to them. At this point remember to be compliant. Hand over your identification, keep your hands on the steering wheel and don’t make any sudden movements. Tell the officer if you need to reach for your wallet or into your glove box. Make eye contact with the officer if possible. Listen to what he says. You may not like the way he speaks to you, but deal with it to keep yourself safe in the tense situation.

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.

Different lawyers may quote widely varying fees. Why is that?

We do not like to say things like “You get what you pay for” so we will simply explain why you shouldn’t hire the cheapest lawyer around. I will also explain why it may cost a little more to hire the right lawyer for your criminal defense case.

First, most lawyers have overhead or expenses associated with running their own businesses. They have to have an office, a secretary and other expenses like a license to practice, a car, continuing legal education and this is before we talk about the value of the lawyer’s time. The case law in the United States says that time as a 15 veteran lawyer is valued at over $400 per hour. That does sound like a lot to me, but the lawyer  has gone to college, then law school, then passed the Bar exam and then practice criminal defense and DUI defense for years. This actually means they have a lot of experience and they have a lot of experience right here in this area. This experience has a great deal of value to the clients. Clients are paying for the years of experience, and ability to get great results. they are paying for not just skills, but my relationships with prosecutors in the area. Clients are paying for a lawyer who is willing to do what it takes to get the job done, even if that means going back to court several times to work out the right deal. Even if that means filing a specific motion to get a specific result. Even if it means setting a case for trial because that is what it takes to get the job done.

So, let’s do some math: If the time is valued at over $400 her hour and they charge a client $1,000 to handle their case, this means that they have a about 2.5 hours to work on their case. It usually takes close to an hour for an initial consultation just to learn a little bit about my client and his or her case. It may take them a couple hours to make one court appearance. This is simply not enough time to work out most cases. They need to read the police reports, confer with the client, talk to the prosecutor about the client’s case and possibly file and argue applicable legal motions to get desired results.

By contrast, if they charge a fee of $2,500 or more to handle a case, they have allocated at least six to ten hours to work on the client’s case. This affords them the opportunity to go to court two or three times, or more, if needed. He also needs time to review necessary police reports and conduct needed investigations. In short, they must have sufficient time to do their job. And yes, that does cost you, the client, more money. But is almost always results in a better outcome for the client. And it always results in the client have a better understanding of what is going on with their case, giving them informed options about how to proceed with their case, and increases communication between the client and the lawyer.

And this is long before we even talk about the possibility and time and expense associated with going to trial on a case. How can a lawyer properly evaluate a case if he does not have enough time to review necessary documents, confer with his client and assess the need for any motions or need for further investigation? The answer is simple: The $1,000.00 lawyer wants to plead his client guilty as soon as possible in order to be as cost effective as possible. This almost always is doing a disservice to the client.

If you have case pending, and want to discuss fees, 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.

We hear that expression a lot. However, are we really innocent until proven guilty beyond a reasonable doubt?

Being arrested can be a terrible experience. You can deprived of your liberty, you could be embarrassed, it cost money to post bail to get out of jail and in the case of certain famous athletes, you could lose your job. The NHL or the NFL can do what they like with their players or do what they wish to their players. Each organization has rules in place to deal with situations that occur. Should a player get arrested, the organization has a policy about how to deal with the player. Just as many employers have work policies having to do with background checks or arrests and convictions. If John Doe gets arrested, John may get fired. He learned this when he read his company policy manual when he was hired. But wait, are we not entitled to some type of hearing or something before we get hired? Maybe, but that depends upon who you work, how they deal with such situations and the nature of your employment.

But an arrest is very different from a conviction. An arrest as defined by Wikipedia:

” Is the act of depriving a person of their liberty usually in relation to the purported investigation or prevention of crime and presenting (the arrestee) to a procedure as part of the criminal justice system.”

But the fact that someone has been arrested does not mean that the arrestee has done anything wrong. In fact, many people are arrested who are ultimately not charged with a crime or who are never convicted of a crime, or who are convicted of a lesser crime. Specifically, in the case of domestic violence in California, people are arrested every day based upon allegations of abuse by other parties and based upon a belief that abuse occurred without any eye witness corroboration and based upon speculation or conjecture by non-witnesses.

Please understand how our criminal justice system works. We all enjoy the presumption of innocence and the fact that we are all innocent unless and until proven guilty in court. This means that we either have to be found guilt, beyond a reasonable doubt by a judge or jury after a trial or we have to plead guilty in open court after being advised of the charges against us and given an opportunity to defend those charges at trial.

The courts  do not condone domestic violence or any other violation of the law. They support and respect our judicial system. It is by no means perfect, but it is likely the best judicial system in the world.

Please remember that no matter what the media says, no matter what we see on the internet, no matter what your gut tells you, you are all innocent until proven guilty. Know your rights, talk to a lawyer if you or a loved one is arrested. Enjoy your freedom and never forget that it is precious and often not appreciated until it is lost.

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.

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.