Concealed Weapons permit

concealed weaponPerhaps your circumstances are such that you would feel safer carrying a weapon. The constitution under the second amendment allows you to carry arms in order to protect yourself. However, there are some guidelines to be followed in doing so.

Florida has certain requirements to obtain a concealed carry license. Those requirements include:

  • Being at least 21 years old (unless in the armed forces).
  • A U.S. citizen or a permanent resident alien and currently residing in the United States.
  • Provide a certificate of completion from a licensed firearm training class to display competency.
  • No disqualifying criminal record.
  • You must complete the application, submit payment, and provide fingerprints.

If wanting to obtain a concealed carry permit, certain criminal convictions and charges will stop you. For instance, if you have a misdemeanor on your record, you must wait 3 years before becoming eligible. However, if the misdemeanor is for domestic violence, due to the nature of the crime, you are not eligible for a permit. Lastly, if you have a felony conviction, Florida or federal, you are not eligible for a permit. If the charge, however, results in a withholding adjudication, you must wait 3 years before becoming eligible.

Concealed carry permits are not necessary in every situation. If without a concealed carry permit, you may have a weapon:

  • In your home or business (pertaining specifically to business owners)
  • Transporting to another location.
  • Standing your ground in self-defense.

Otherwise, including when transporting, the firearm must be in a secured case that is not readily accessible. If caught carrying a firearm on your person without a concealed carry permit, it is considered a first-degree misdemeanor, resulting in up to one year in jail and a $1,000 fine.

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.

Some Things to Remember If You Are Pulled Over

DUIIf the police pull you over, particularly if they suspect alcohol is involved, there are some things you should remember.

You don’t have to answer their questions. There is no law that says you have to answer there questions. You have to give them your name and address but that is all. You may worry about what the police will think if you don’t answer their questions. You really need to worry about what they will think if you do answer their questions. Just be polite and tell them that you do not wish to answer their questions without an attorney present.

You don’t have to take a field sobriety test. Actually, field sobriety tests are not that accurate. It is not unusual for people to come to the wrong conclusion during a field sobriety test. However, if you refuse to take a field sobriety test, they are probably going to take you to the police station for a blood or breathalyzer test, so your refusal may not keep you out of trouble.

You may think they can’t arrest you unless your BAC is higher than 0.08. Actually they can. They can arrest you if in their judgement you appear to be under the influence of alcohol regardless of your BAC. They can form their opinion based on the way that you were driving. Were you swerving, or changing lanes erratically? Did you hit anything? They can form their opinion based on the way that you were acting. Was your speech slurred? Was your radio blaring loud? Were you speaking loud or brashly?

If you were arrested for DUI, perhaps a good attorney can help you. You should at least have 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.

Super Bowl and Bad Behavior

people celebratingDoes domestic violence increased during the Super Bowl?

Some people think the answer is yes. Experts are mixed in their opinions. In reality, crimes occur every day, and some experts say there’s no evidence connecting the Super Bowl — which will took place this year between the Cincinnati Bengals and Los Angeles Rams Sunday on NBC — to increased rates.

People will drink, emotions will spike, roughly half the fans will be upset after the game, and yes, domestic abuse incidents may most likely occur at a higher rate than usual in households across the country.

The most cited research on the issue is a 2011 study published in the Quarterly Journal of Economics, which found that unexpected or “upset losses”—for example, defeats when a home team is predicted to win by four or more points—are correlated with a 10% increase in the rate of domestic violence. The study found that this rise in domestic violence took place during a narrow window of time around the end of the game, and that the window expanded following disappointing outcomes for more important games, like those against rival teams, playoff games, or, say, the Super Bowl.

The 2011 study’s findings were mirrored by a 2014 study in the UK that found a 26% increase in reports of domestic abuse when the national soccer team won or drew, and a 38% increase when the team lost, suggesting heightened emotion around a team loss can increase the likelihood of violent behaviors toward an intimate partner.

Clearly Super Bowl Sunday is one of the top two drinking holidays of the year, along with New Years Eve,

How much alcohol is consumed during the Super Bowl?

According to an article published by Men’s Fitness, Americans drink 325 million gallons of beer (1,230,258,829.8 litres) on Superbowl Sunday.

If you were one of the people who misbehaved last Sunday and you were arrested, perhaps you should call our office 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.

What If You Get Pulled Over

Worried young driver caught on driving after alcoholWe all know that you should never drink and drive. However sometimes people do things they know they shouldn’t. If you get pulled over there are some things you should do,

First of all, don’t do anything to draw undue attention to yourself and make sure you don’t do anything to make the officer uncomfortable. Roll down the window and keep your hands on the steering wheel where the officer can see them. Don’t pull out your license and insurance information until they ask you to do so.

When they ask you basic information, like name and address, answer them. Don’t volunteer anything. If they ask you if you have been drinking, you don’t have to answer. You can just say that you don’t want to answer their questions. This, however, is going to make them suspicious.

If they ask you to take a field sobriety test, you don’t have to take it. If is not against the law to refuse to take the test, and it is not an admission of guilt. However, if you refuse to take the test, most likely they will arrest you and take you to the police station.

When they get you to the police station, they will want to give you a blood or breath test. Don’t refuse. If you refuse to take the blood or breath test, your license will be suspended for a year, and they will probably charge you with driving under the influence anyway.

If you are charged with driving under the influence, you should consult with an attorney 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.

 

Jury Nullification

What is jury nullification and how does it work?court hearing

Jury nullification takes place when jurors acquit a defendant who is factually guilty because they disagree with the law as written. For example, juries who disagree with marijuana laws might acquit defendants who had been caught red handed with marijuana.

Is it illegal to mention jury nullification?

According to the U.S. Supreme Court, juries have no right to ignore the law when rendering the jury’s verdict. However, nullification still occurs in certain cases. … Some judges forbid any mention of jury nullification in the courtroom.

What causes jury nullification?

Jurors may wish to nullify for a number of reasons, including a belief that the law is unjust or unjustly applied, belief that the penalty for violating the law is too harsh, or belief that there are mitigating circumstances that would make strict enforcement of the law unjust in a particular case.

Which states allow jury nullification?

Far from being an unintended side-effect, jury nullification is explicitly authorized in the constitutions of 24 states. The constitutions of Maryland, Indiana, Oregon, and Georgia currently have provisions guaranteeing the right of jurors to “judge” or “determine” the law in “all criminal cases.”

Do all 12 jurors have to agree?

Jurors are NOT required to deliver a verdict for all, some, or any charge at all that they are asked to consider. When jurors report to the judge that they cannot agree in sufficient number to deliver a verdict, the jury is said to be “deadlocked” or a “hung jury”.

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.

Internet Scams

woman using computerIt used to be that criminals went down to 7 Eleven with a gun and robbed the place. These days, they just go on their computers to rob you. It has become so common that it’s scary. I have a friend in Colorado whose law firm website was hacked by ransomware. They paid $120,000.00 to get their computers back.

Crooks send emails that are so real looking that it is scary. By all means, be extremely careful before clicking on any links that come in an email. The worst scenario is the situation where people call you on the phone and they convince you that to let them log into your computer remotely. In these situations, they can access your bank account and drain your accounts.

A lot of scams involve Covid 19. Common types of COVID-19 scams include:

  • Fake health organizations. Scammers pose as health authorities like the World Health Organization (WHO) and U.S. Centers for Disease Control (CDC) to offer cures, tests, or other COVID-19 information.
  • Websites that sell fake products. These sites offer face masks, hand sanitizer, disinfectant wipes, and other high-demand products that never arrive. Buy products from known marketers only.
  • Bogus government sources. These scammers claim to issue updates and payments on behalf of the Internal Revenue Service (IRS) or local tax authority.
  • Fraudulent financial offers. Scammers may pose as banks, debt collectors, or investors with offers designed to steal your financial information.
  • Fake nonprofit donation requests. Many people like to donate to charitable causes to help with disaster relief. This provides an excellent opportunity for scammers to set up fake nonprofits, hospitals, and other organizations to collect funds. Donate directly through a reputable nonprofit’s website instead of clicking on a link you receive by email or text.

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.

Sign the Ticket

DUISometimes with the emotions that arise, in the heat of the moment, people who are stopped by the police decide to do things they may not have thought through. They may refuse to sign the summons, or give a false name. Don’t do it. You are just creating additional problems for yourself.

Refusing to sign a traffic ticket.
If you are charged with a criminal traffic violation or any violation that calls for a mandatory hearing, you MUST sign and accept the citation as a promise to appear in court. This is true even if you believe you were wrongfully arrested or accused.

You may be furious that you were unjustly charged with an offense; or, you
may incorrectly believe that your signature in and of itself is an admission of guilt (It is not). Whether the police got it right or wrong, you must sign the citation and battle it out later in court. Failure to sign or accept a citation may cost you sixty days in jail.

Sign the citation and avoid an additional criminal charge. Rest assured that
your signature does not mean you agree with the charges or that you have
admitted culpability. As soon as you can, hire an experienced criminal traffic lawyer to fight your case.

What should I do if I am already charged with Failure to Accept or Sign Summons?
If you have been charged with Failure to Accept or Sign Summons, contact
an experienced criminal defense attorney immediately. A lawyer
experienced in criminal law will know how to fight against your charges.

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.

Family Criminals

Family Having Argument Sitting Around Table Eating MealHappy Thanksgiving. The holidays can be an emotional time for a lot of people. A lot of people drink too much alcohol during the holidays. People who are prone towards violence are more likely to commit crimes when they are emotional and under the influence.

You are more likely to be a victim of a crime from your own family members during the holidays than from a stranger.

According to Science Direct (2003), there are significantly more complaints about domestic violence on Thanksgiving Day than on any other holiday. There are many variables that may affect the increase of the probability of being assaulted by a person you know.

Any tension between family members may increase during this holiday, and the circumstances may allow perpetrators to commit a crime, especially when it comes to domestic violence.

If you live one someone who has violent tendencies, be on your guard during the holidays. If you someone who has violent tendencies, try to use more constraint during the holidays.

If you have been accused of 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.

Additional Consequences of a DUI

Worried young driver caught on driving after alcoholIn additional to the obvious consequences of a DUI, such as fines, bail, jail time and attorney fees, there are consequences to be concerned about down the road.

First of all is the loss of your license. You can lose your license for 6 months to a year for first time offense and more than that for subsequent convictions.

There can be civil lawsuits. If you were involved in an accident where you caused property damage, or heaven forbid, injuries to the other driver, you can count on a civil lawsuit. While your insurance company is liable, if you look at the limits of their liability in your policy, you will be on the hook for amounts over the limits. This is not hard to reach if there are medical bills and pain and suffering.

You know that your auto insurance premium will do through the roof. The effects of this is likely to go on for some time. To see that extent of this rate hike, you should review your insurance policy with your agent.

Your situation could be impacted in personal ways down the road. Your potential relationships could be affected. It could adversely affect your job applications and business deals. If could affect your application to rent or buy a home. If is possible that your arrest record will appear in a Google search, and for sure, it will be in public records for some time to come.

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.

Giving Up Your Cellphone

Close up of woman using mobile phoneWe all know about Miranda rights. You have the right to remain silent on the grounds that your testimony many incriminate you. However, does this apply to your cellphone? The police may ask you to give them the password to your cellphone. Do you have to give it to them?

The answer depends on the circumstances. They can’t ask for your cellphone password without a reasonable expectation that a crime has been committed and that evidence linked to that crime may exist on your phone.

They can’t just require you to give up your cellphone and go looking around in your phone to see what you’ve been up to.

In any case, you don’t want to give them the password to your cellphone before consulting with a criminal defense attorney.

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.