article from Global Legal Resources

Criminal violations come in two varieties, Misdemeanors and Felonies. Various types of felonies include murder, attempted murder, manslaughter, aggravated assault (assault with a weapon), rape, sexual assault, arson and robbery, both armed and unarmed. Non-violent felonies include property offenses, drug offenses and white-collar crimes to name a few.

Varying degrees of felony offenses indicate the appropriate punishment. Generally, a felony is any offense punishable by at least one year of incarceration. Degrees of felonies are regulated by Federal and State legislation. A person can be sentenced to death for a felony conviction in states where the death penalty exists.

• Felony Definition
  A felony is a serious crime in the United States and previously other common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person’s land and goods; other crimes were called misdemeanors. Most[which?] common law countries have now abolished the felony/misdemeanor distinction and replaced it with other distinctions such as between summary Offences and indictable Offences. In the United States, where the felony/misdemeanor distinction is still widely applied, the Federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor.

• The Felony Process in the United States

The Washington Post says more than 1 of every 100 Americans is incarcerated. This is the highest rate of any country. Longer prison terms for drug crimes, and more severe penalties for all types of crimes are partly responsible. States have gotten tougher by changing the classification of offenses from misdemeanors to felonies.

A felony charge is a serious matter that should never be taken lightly. If you have been charged with a felony, it is important to learn what you can about your circumstances and contact an attorney.

This is true for various traffic offenses. Many jurisdictions have added aggravating factors to change misdemeanor driving under the influence charges to felonies. Often first offenders are felony eligible for getting a DUI without having car insurance or having a license suspended for any reason.

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.

article fromlaw

by Ronald Echer

Property crimes include many common crimes relating to theft or destruction of someone else’s property. They can range from lower level offenses such as shoplifting or vandalism to high level felonies including armed robbery and arson. Some such crimes do not require the offender to make off with stolen goods or even to harm a victim – such as burglary, which only requires unlawful entry with the intent to commit a crime. Others require the actual taking of money or property. Some, such as robbery, require a victim present at the time of the crime. Most property crimes include a spectrum of degrees depending on factors including the amount stolen and use of force or arms in theft related cases, and actual or potential bodily injury in property destruction crimes such as arson. Below you’ll find more information on specific property crimes

Burglary

The crime of burglary has been around for a long time. It originally developed under the common law, but states have incorporated the basic idea of burglary into their penal codes, albeit with some slight modifications.

For instance, under the common law definition of burglary, the crime had to take place in the dwelling house of another at night. Most states have subsequently broadened the definition of burglary to include businesses and illegal entries during the day.

Burglary developed to protect a persons interest in their home and to prevent violence, not to protect against theft. Other laws criminalize the taking of property; burglary is meant to safeguard the sanctity of a persons home and to protect against the possible violence that could arise if someone discovers a burglar in their house.

The definition of burglary arises out of state law, thus it differs depending on the state. Each state has its own burglary statute with slightly different rules. Federal criminal law incorporates the meaning of burglary used by the state that the crime occurred in.

Most states and the Model Penal Code use the same basic definition of burglary, however. In those states, burglary is:

• The unauthorized breaking and entry
• Into a building or occupied structure
• With the intent to commit a crime inside.

Each of those elements must be present in order to convict a defendant accused of burglary, so its important to examine each of them a little more closely.

Breaking and Entry

A burglary involves the burglar breaking into and entering a structure. The breaking-in can occur in two ways: actual and constructive.

Actual breaking involves physical force: picking a lock or kicking a door in, for example. It could even be a very slight use of force, such as pushing open a door thats been left ajar.

Constructive breaking, on the other hand, entails those means of gaining entry that dont use physical force: threats, blackmail or fraud, for example.

However a burglar breaks in to the structure, they must also enter in order to satisfy this element. The entry can be minimal; the burglar doesn’t have to actually walk into a building in order to commit a burglary. Sticking a hand through a window counts as an entry sufficient to support a charge of burglary.

Its also important to note that the entry has to occur without the consent of the person occupying the property.

Intent

In order for a break-in to constitute a burglary, the person breaking in must have the intent to commit a crime inside the building. Usually, this crime is theft, but other crimes can render a break-in a burglary as well. Vandalism, for example.

The crime has to exist separately from the break-in itself. For example, if an individual uses fraud – which is a crime – to gain after-hours entrance to a building to view a piece of art, no burglary has taken place since the only crime that occurred was the fraud used to gain entrance to the building.

The timing of the intent also becomes important when determining the degree of a burglary charge. For instance, if a person intended to commit the crime in question before they broke in to the building, then most states will consider the burglary of the first degree. If the person broke in to the building and only subsequently formed the intent to commit a crime, most states will classify the burglary as second degree.

Many other factors will determine the degree of the burglary, so always check the specific law of the state you’re in and contact a good criminal defense attoreny.

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.

article by Ronald Echer

FindLaw

If you are looking at some serious penalties or time in prison, you will want to have the best criminal defense lawyer fighting for you.If you are looking at prison time or a hefty criminal penalty, you should most likely look to hire the best criminal defense lawyer possible, unless your income qualifies you to get a court-appointed lawyer. To put it simply, the legal system is designed in such a way that, even if you have a great mind and a high IQ, representing yourself in a criminal trial in a competent manner is almost impossible. Because no one criminal case is exactly like another, criminal defense lawyers are trained to pick out the special portions of each case that make them unique. In addition, the best criminal defense lawyer for you may be able to spot certain arguments and factors that could mitigate or even negate any potential crime. When it is all said and done, getting an attorney to represent you in your criminal trial is a necessity.

A criminal defense lawyer has many jobs. In addition to calling witnesses in your defense and cross-examining witnesses that the prosecution puts forward, your criminal defense attorney may also:

• Work with you and the prosecutor to negotiate a “deal.” These deals, also known as “plea bargains” can often reduce your potential sentence or eliminate some or all of the charges brought against you. However, prosecutors are often unwilling to negotiate with defendants that represent themselves.
• Figure out a good sentencing program for your situation. In the event that you are found guilty, your criminal defense attorney may be able to work your sentence in a way that would prevent you from winding back up in the criminal justice system. For instance, instead of going to prison for 10 months, your criminal defense attorney may suggest that you go to prison only for 6 months and spend the remaining 4 months in a drug treatment facility to help you with the drug problem that landed you in trouble in the first place.
• Help you with the emotions that often go along with criminal trials. Defendants in criminal prosecutions often feel embarrassed, depressed, and fearful and can also suffer from low self-esteem.
• Provide you with a reality check. Defense lawyers often know what is going on much better than you will during your criminal trial. Defense attorneys have the advantage of remaining objective throughout a proceeding and can offer insights into how the trial is actually going and what is likely to happen in the near future. These assessments and reality checks are often essential when a criminal defendant is trying to decide whether or not to accept a prosecutor’s plea bargain.
• Point out important legal rules and regulations that you would most likely never find on your own. Many rules and laws about criminal prosecutions are buried within regulations and laws, and even prior court opinions. For example, if you were to represent yourself, you may never know if the search that the police conducted of your apartment was lawful or not without understanding the many nuances and intricacies surrounding the 4th Amendment of the United States Constitution.

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.

 

article from Wikipedia

Criminal Law
 Is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey these laws

Retribution:
 Criminals ought to suffer in some way. This is the most widely seen goal. Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to “balance the scales.” People submit to the law to receive the right not to be murdered and if people contravene these laws, they surrender the rights granted to them by the law. Thus, one who murders may be murdered himself. A related theory includes the idea of “righting the balance.”

Restitution:
This is a victim-oriented theory of punishment. The goal is to repair, through state authority, any hurt inflicted on the victim by the offender. For example, one who embezzles will be required to repay the amount improperly acquired. Restitution is commonly combined with other main goals of criminal justice and is closely related to concepts in the civil law, that is to say returning the victim to his original position.

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.

article from Driving Laws

Do you need a lawyer to represent you in a DUI case? 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.

Should You Plead 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

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.

There are major consequences to being arrested for DUI in the State of Florida. It is a serious crime. The State of Florida makes a determination of punishment guidelines based upon the result of a breathalyzer test.

A breathalyzer is a breath test device that is used to estimate the blood alcohol content of a person.  If you are convicted of a first offense DUI and your breathalyzer result is under .15, you could face up to 6 months in jail, be fined from $500.00 to $1,000.00, and lose your drivers license for anywhere from 180 days to one year. If your breathalyzer was .15 or over or there was a minor in the vehicle, in addition to the loss of your drivers license, you could face up to up to 9 months in jail and be fined anywhere from $1,000.00 to $2,000.00. If you are convicted of a second or third DUI charge, the fines will be even higher. For example, the fines can range from $1,000.00 to above $5,000.00 and you could lose your drivers license for up to 10 years. These are only a few distinctions in regards to the required statutory punishments as they relate to DUIs involving a breathalyzer result.

The State of Florida will also request a urine sample if a breathalyzer result shows negative for alcohol content.  A urine sample is used to show whether a driver is under the influence of a controlled substance or chemical substance.  Many driver’s fail to understand that the prescription drugs they may be taking can influence them “to the extent that their normal faculties are impaired” warranting  a legal charge of DUI. There are also some instances where blood may be taken without request from the driver suspected of DUI.

If you are arrested for DUI, you should immediately contact an attorney.  A Driver has only ten days from the time the DUI citation is issued in which to request a hearing with the Department of Highway Safety and Motor Vehicle in order to preserve their driver’s license.  If not, the driver’s license will automatically be suspended for a period of time.

Also, there are certain procedures a police officer must meet in determining whether or not to arrest a person for DUI. Your attorney will ensure the police followed those procedures. If the police did not follow those procedures during the stop, it is likely that you may be exonerated of the charges or have the case reduced to a lesser crime.

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.