A felony and a misdemeanor in Florida are two classifications of crime and they are divided up on what the sentencing could be. Typically, a misdemeanor is a lesser offense than a felony and is punishable up to one year in jail. A felony on the other hand is a crime that is punishable over one year.

Misdemeanors are less serious than felonies and carry lighter penalties. Typically, such penalties may include less than a year in jail, community service, fines, rehabilitation and/or probation. Felonies, on the other hand, come with at least a year (and sometimes decades or even a lifetime) in prison.

What is the most common felony?
The 4 Most Common Types of Felony Offenses
#1: Drug Crimes. Although there have been recent changes in state laws that now make some drug crimes misdemeanors, many drug crimes can lead to felony charges.
#2: Violent Crimes.
#3: Theft.
#4: Sex Crimes.

A first-degree misdemeanor charge is the most serious form of a misdemeanor. A conviction for one can cost you up to six months in jail and $2,500 in fines for a first offense. First-degree misdemeanor crimes include: DUIs.

Have you been arrested? You should talk to 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.

Suppose you witnessed a domestic violence situation. Maybe you didn’t want someone to get in trouble, and you do not tell the police what you saw. Can you get in trouble for that? Yes. However, they would have to have concrete evidence and prove in court that you lied.

More common than not telling what you did see is making up things that you didn’t see. First of all, that is despicable thing to do. Domestic violence is one of the most serious criminal offenses. In fact, if the alleged victim wants to drop the charges in the future, they can’t. Only the prosecution can decide whether or not to drop the charges. People know how seriously domestic violence accusations are taken and may make false accusations due to ulterior motives. Accusations of domestic violence can ruin someone’s life.

Why would someone do that? There are lots of reasons. Perhaps you want to improve your position in a child custody dispute. The most common reason is revenge. Perhaps someone wants to save their reputation by making it appear that the other party was at fault,

The effects of the accusation on the partner, however, could include:

• Loss of family and/or friend relationships
• Loss of a job
• Jail time, fines, and other criminal penalties
• A criminal conviction on record

Don’t do it. Don’t lie.

Under certain circumstances, lying about domestic violence is a crime. Perjury is when an individual lies under oath during an official investigation, either in a written or verbal statement. While individuals who lie about domestic violence may be charged with perjury, it is unlike to happen. Additionally, the accuser could be charged with filing a false police report, a misdemeanor offense.

The individual who was falsely accused may file a civil lawsuit against the accuser to receive compensation for any damages caused by the allegation.

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

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

A search warrant allows law enforcement officers to enter the address indicated in the order, but officers can only search the area for the items that are mentioned in the order. An arrest warrant allows officers to enter the house of the person indicated in the order, if they believe the person is inside.

If they don’t have a warrant, without thinking, some people give police permission to enter.

Sometimes police officers phrase questions so that your response essentially gives them permission to enter even if you didn’t intend to. For example, they may say, “I hope you don’t mind if we take a quick look inside?” If you say no, then you are actually saying yes to their entering.

Simply put, knowing the best way to deal with police can be confusing. If you are unsure, remember that you have a right to legal counsel and representation. In the absence of a warrant, you can politely decline to have the police enter your home or vehicle. If there is a warrant, you can say that you would like your attorney present before you say anything else to police.

What about your car?

Police must have reasonable suspicion, probable cause or a warrant to search your home or vehicle. If they say they have reasonable suspicion, and they start to search your car, don’t resist or physically try to stop them, as you may cause yourself more legal problems.

Can you record police in Florida?

So, when can you record the police? Anytime you are in an open public space (for example, most public roads, public parks, and public beaches) where other individuals can witness what is happening, you can record the police as long as you are not interfering with police activity.

Knowing your rights is crucial to protecting yourself from the unjust searching of your property and person. If you suspect that law enforcement has illegally entered your private property, it’s advisable to consult with an attorney who understands the complex nature of warrant laws.

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 the Department of Justice website, Jaimee Ashley Koryn was sentenced in federal court today to 130 months in prison for selling the fentanyl pills that resulted in the fatal overdose of 23-year-old Sherie Gil on September 30, 2021. Koryn pleaded guilty in October 2022, admitting that she sold Gil the fentanyl pills that caused her death.

According to the government’s sentencing memo, on the morning of September 30, 2021, law enforcement officials and paramedics responded to a 911 call from a commercial office building in San Diego, California. Law enforcement found Gil deceased in a bathroom along with drug paraphernalia, Gil’s cell phone, and “blues,” or counterfeit oxycodone pills containing fentanyl.  The Medical Examiner’s Office later determined that Gil had died as the result of the “toxic effects of fentanyl, cocaine, and alprazolam.”

What is the death law for fentanyl?

The federal charge of distributing fentanyl causing death carries a mandatory minimum sentence of 20 years and a maximum sentence of life in federal prison.

Is selling fentanyl a manslaughter charge?

People who sell Fentanyl or heroin not only face drug trafficking and distribution charges, they may be charged with involuntary manslaughter. However, most defendants in these cases have resorted to dealing drugs while struggling with addiction themselves.

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 some real advantages in having a DUI attorney represent you. Your attorney may be able to get your sentence reduced or dismissed. You attorney may be able to question the legitimacy of the evidence against you, such as your blood alcohol test.  Experience in negotiating may allow your attorney to get the charges reduced.

Here are some of the consequences you may face if convicted:

• Fines. Offenders face a minimum fine of $500 and up to $2,000 depending on whether there were aggravating factors. If drivers are unable to pay the fines, the court may grant $10 credit per hour for performing community service.
• Inability to use your vehicle. The court must impose a mandatory immobilization period of ten days on your car that cannot coincide with a jail term. The court might grant an exception if a family member needs the vehicle for work and has no other means of transportation.
• DUI school. The judge is required to impose completion of either Level I or Level II DUI School, depending on the severity of the offense.
• Lost driving privileges. Your Florida driver’s license will be suspended for a minimum of six months and a maximum of one year. However, a driver may apply for a hardship reinstatement (restricting travel to work or business) once DUI school is complete.
• Probation. A judge may order up to 12 months of probation or a combination of jail time and probation that adds up to 12 months.
• Community service. A first-time DUI requires a mandatory minimum of 50 hours of community service.
• Ignition interlock device. Ignition interlock devices must be installed and used for a minimum of six months in cases with aggravating circumstances, such as a blood alcohol content (BAC) reading of .15 or higher.
• Increased car insurance. A DUI conviction can raise car insurance rates by 50% or more for the next several years.

If you have been arrested for DUI, you should have a consultation with Alex Truluck as soon as possible. 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.

Let’s say your had a court hearing for a traffic matter, and you somehow failed to show up. Do you think there is a warrant for your arrest? Bet you want to know, don’t you?

The best way to find out if you have a warrant out for your arrest in Florida is to search the Florida Department of Law Enforcement’s Wanted Persons database. The online search is free and will list the offense for which the warrant is issued as well as the reporting agency or county.

How long does an arrest warrant last in Florida?

A Florida warrant never goes away. It’s important to know your options if you have an outstanding warrant in Florida.

What should You Do If You Have a Warrant

This first thing you should do is contact an attorney. At some point, you will have to deal with the situation. But if you just turn yourself in, you are probably going to be arrested. Your attorney may be able to arrange for a more convenient situation, and arrange for bail, it that is necessary. At the very least, he will tell you where to turn yourself in. If you go to the wrong location, you will have to deal with extradition, which could lengthen your jail time.

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 someone is arrested in Florida, they are entitled to a bond hearing to set the terms of their release from pretrial detention. In most cases, this happens within 24 hours of being arrested.

A Bond Hearing is a procedure for those accused of committing a capital felony in which the defense can present their case to prove that either a) the charges do not come with enough evidence to prove their guilt or b) that the defendant is not a danger to the community at large nor do they risk flight.

At the bond hearing, a judge will first inform the defendant of the charges they face and will receive a copy of the complaint against him or her. The judge will advise the defendant of the right to have legal representation and the right to communicate with counsel, family and friends.

If you have the money, you can post the bail yourself. If you don’t the total amount, you can hire a bond agency, which will issue a bond for up to 90% of the bail amount if you have collateral.

Bond money will be refunded after the final disposition of the case or by order of the Judge. If you paid the money yourself, you will get it back. If you have a bond company, they will keep their fee for providing the service.

If you have been arrested, call Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

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

It’s New Years Eve and everyone is ready to celebrate. This holiday, probably more than any other, is know for heavy drinking. And, people might tend to stay our later than usual since it is customary to celebrate at midnight.

You might not be under the influence and you might be driving perfectly, but you could find yourself in a DUI checkpoint. Have you ever been in one? Do you know what to expect? Do you know what your rights are?

A DUI checkpoint is an area where police have set up a road barricade. Each driver in a DUI checkpoint is stopped and checked for signs of intoxication. Some of the signs are bloodshot eyes, odor of alcohol, and empty containers visible in the car.

If there is probable cause to believe that a driver is intoxicated, he or she will get detained. They will be asked to pull to the side of the road for further examination. All other drivers will be waived through the checkpoint and able to continue with their drive.

Obviously you need to show your drivers license, your registration and proof of insurance. If you don’t have that information in your care, make that your New Years resolution to put it there. You also need to put it in a place where you can quickly lay your hands on it. People are generally nervous when stopped by police or in a check point anyway. You don’t want to create suspicion by nervously fumbling around or being unable to produce the documents.

You do have to provide the papers. But if they start asking other questions, you can decline to answer. However, if you do that, you create more suspicion. If the offer suspects something, he officer will ask you to take a field sobriety test, to test your balance and coordination. You have the right to refuse and ask to speak to an attorney.

Once you arrive at the police station, request again to speak with an attorney if you haven’t done so, before submitting to any tests. You are required by law to take a blood alcohol test. If you refuse it, your license can be revoked or suspended. We suggest you submit to this test; even if the results show you’re intoxicated, we can question the test’s reliability and accuracy.  If you’re given the option of a blood test or a breathalyzer, which only estimates your BAC, it’s better to choose the latter, because breathalyzer test results can often be suppressed.

If you have been charged with a crime, call Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

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

The police were out in force this weekend (December 12, 2022). Police criminally charged 69 people during an overnight “DUI wolf pack” operation dedicated to a sheriff’s deputy who was killed last year by a drunken driver, the Pinellas County Sheriff’s Office said Sunday.

Thirty-eight people were arrested for DUI. Other criminal charges included drug offenses, driving with a suspended or revoked license and giving a false name to a law enforcement officer. In three instances, people were wanted on warrants.

First of all, police will pull you over if there is something about your vehicle that gives them a reason to pull you over. If your tags have expired, if your turn signals don’t work, or if your tail lights or head lights or burned out, you are asking for them to pull you over. You would be well advised not to consume even a single drop of alcohol if your vehicle falls into this category.  No sense asking for trouble. If you are driving with dealer plates, you also should watch your peas and cues.

Failing to stay in your lane, swerving, failure to use your blinker, and any other traffic violations, like going through a stop sign or doing other things that made the roadway unsafe. Any of these elements can be very damaging, and a combination of these indicators can be convincing.

Speeding or driving too slow are two sure fire ways to get pulled over. It is amazing that most of the DUI arrests are caused when people fail to use common sense. You shouldn’t be drinking and driving anyway, but you sure as heck shouldn’t be speeding when if you do.

You shouldn’t do anything to draw attention to yourself, whether it is legal or not, if you want to avoid being pulled over. Consuming liquids while driving is a good way to get an officer’s attention. Eight people were given citations this weekend in Pinellas County for open container violations.

If you should get arrested, call Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

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