You Have to Pay Taxes on Cryptocurrency Gains

bitcoinIf you bought Cryptocurrency and it went up in value, that gain is taxable. If you don’t pay taxes on it, you   are committing income tax evasion, and could be subject to criminal prosecution.

Bitcoin, the first and most popular cryptocurrency reached a total market cap of over $1 trillion in early 2021.

The government considers cryptocurrency, like Bitcoin, to be “property”. Therefore, the taxable gain occurs when you sell the cryptocurrency, and turn it into cash.

If you have owned the cryptocurrency for over a year, the gain is considered a long term capital gain and taxed at a lower rate. If you have owned the cryptocurrency for less than a year, the gain is considered ordinary taxable income. In order to reduce the amount of taxes owed, you should hold on to the cryptocurrency for over a year if possible.

As you may have heard, legislation that is being considered in congress would beef up the amount of IRS auditing activity, and allow agents access to information for any transaction over $600.

One needs to keep all of this in mind to be cautious and avoid any unnecessary consequences.

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.

 

Massive Expense of a DUI

handcuffedYou may not think that the main problem with a DUI is financial, but you may not think of the massive costs involved.

Restitution

If your DUI involved a traffic accident, and you are found to be at fault, you may have to pay restitution. Many insurance policies  have limit to the amount of liability they will cover, and you will have pay the amount over the insurance limit.

Car repairs

The insurance may exclude coverage for DUI related expenses. You may have to pay your own medical expenses and repair bills, not to mention towing fees and car rentals.

Bail

Some offense will require jail, and you will have to come up with the bail money.

DUI School

Many offenses require that you attend DUI school. The average cost of DUI School generally ranges from $300 to $500.

Insurance

You know that your insurance premium is going to go through the roof after you are convicted of a DUI

Court Costs and Fines

If you are convicted, your court costs and fees could exceed $3,000.

Probationary Costs

You are going t have to pay at least $50 a month to be on probabtion. Along with monthly probation fees, other probationary costs include random alcohol and drug screenings and the use of an alcohol monitoring device. The alcohol and drug tests are only about $15.00 – $25.00 per test; but when it comes to alcohol monitoring devices, expect to pay around $100.00 per week.

Treatment

The court may require treatment for alcohol addition. In patient treatment may cost $15,000 to $20,000 per month. Don’t count on your insurance to cover this cost.

Loss of Wages.

You know you are going to miss a lot of work to attend hearings and attend court required activities. This loss could be extensive.

Hiring DUI Attorney

Hiring an attorney is also going to be expensive, but it may be an opportunity to reduce the other expenses mentioned above. 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.

Boating Under the Influence

Personally, I find driving a boat quite challenging, so I am not tempted to drink alcoholFriends on a boat in sunset saluting when I’m doing it. However, when I’m not driving, it seems like great way to spend the day – floating along and having an adult beverage. Unfortunately, a lot of people seem to “push the envelope” and drink and drive a boat. This is not a good idea, since it is dangerous and the consequences are monumental.

Law enforcement determine whether you are driving under the influence is a manner similar to when you are driving a car. They check to see if you are able to perform normal functions, like your ability to talk and walk, and they may have observed how you operated your boat.

Florida’s BUI Statutes authorize the prosecution to prove the boat operator’s guilty by submitting evidence of a chemical test taken from the defendant. Law enforcement may take a breath sample or blood test to prove that the boat operator is under the influence. To be found guilty of operating a boat under the influence, the sample must contain 0.08 grams or more of alcohol per every 100 milliliters of blood. Similarly, the defendant may be guilty if their breath test shows a level of 0.08 grams of alcohol or more for every 210 liters of breath.

Florida law also imposes harsher or “enhanced” penalties against boaters with chemical test results that reach a BAC of 0.15 or higher. Enhanced penalties may also be imposed if the operator of the boat was boating under the influence and had a passenger onboard 18 years of age or younger. If found guilty, the defendant could be sentenced to up to nine months for a first conviction and a one-year jail sentence for a second conviction. Additionally, the court could impose a legal fine of between $1,000.00 and $2,000.00 for a first offense and $2,000.00 to $4,000.00 for a second offense, but no less than $4,000.00 for any subsequent offenses.

A first-time BUI conviction carries a jail sentence of up to six months and a fine of $500.00 to $1,000.00.

A second BUI conviction could result in up to nine months in jail and a fine of between $1,000.00 and $2,000.00.

A third BUI conviction may be charged as a third-degree felony in the state of Florida. When the previous offense falls outside the ten-year lookback window, a conviction for a third BUI shall be punished as if a second offense, except that the range of fines the judge can impose falls between $2,000.00 and $5,000.00. A fourth and subsequent conviction is a third-degree felony irrespective of when the previous conviction occurred.

If you have been arrested for driving a boat or a car while under the influence, 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.

What’s It Like to Visit Jail in Pinellas County?

Visiting the Pinellas County Jail on 49th street is not like on TV. There is no face to facejail time.

To visit an inmate, you have to go on the County’s website and make an appointment. You can’t just go whenever you want. You have to pick a designated time from the slots available. Your inmate may not be available at the time you pick if they have been given a job, and if they are scheduled to work that the time of your preferred appointment.

You should arrive prior to the designated appointment time and check in with the guard in charge. They require that you present a valid ID like a drivers license. There will be a number of other people scheduled at the same time that you are scheduled.

When your time arrives, you are given a “station number”. When you arrive at your station, you will find a chair and a computer terminal. Your inmate is in the same area, but in a holding area. When the visit starts you will be able to see your inmate on the terminal screen and you can pick up the telephone receiver to talk the inmate. You are usually allowed to visit for up to an hour. Your inmate will be dressed in jailhouse orange, and may not look their best.

To make sure that you don’t have to be visited in the Pinellas County Jail, make sure that you retain 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.

 

Can the Police Take Your Car

Pursuant to the Florida Contraband Forfeiture Act, the police can take your car if they cantowing car prove that you or someone else used your vehicle in the commission of a crime. If the police took your car, you have the right to a hearing to state your case and ask for your car back.

Can They Keep Your Car?

The police may seize certain property because the police believe the property was used or obtained during the commission of a crime. If true, the police may be able to permanently keep, or even sell, your property if they can make a sufficient showing in court.

Can the police take your car if its parked?

Illegally or dangerously parked vehicle

The police have been granted power to seize cars that are parked illegally or dangerously or those that have been abandoned. If you leave your car in a place where it will cause obstruction, the police will remove it and take it to their compound.

If your car has been seized, call our office to discuss the process for attempting to get your car back. 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.

Programs to Help First Time DUI Offenders

Experts generally agree that the first time DUI offender is not usually a threat to society.Worried young driver caught on driving after alcohol They generally agree that second time offenders more likely are a threat to society and are likely to repeat.

Jurisdictions throughout Florida are enacting programs intended to discourage repeat offenders. The benefit to the offender are huge. In some cases the offense can be reduced to reckless driving. In some cases the offense can be sealed. If you have been arrested for a DUI, it is in your best interest to discuss your situation with a criminal defense attorney to determine if you might be eligible for one of these programs.

Generally you are not eligible for these programs if you:

Provided a breath test above a .20 blood alcohol content;
Caused an injury or property damage in connection with your DUI;
Have a prior conviction for reckless driving, DUI, or vehicular homicide;
Were found guilty of a driving while license suspended/cancelled prior;
Have been convicted of a felony from within the past five years; and/or
Other disqualifying circumstances depending on a variety of factors.

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.

Do I Need a Lawyer for a Smaller Offense

Smaller crimes are called “misdemeanors”. These are the less serious crimes. However, allPolice officer interrogating criminal in handcuffs at desk crimes have consequences. Our job as a criminal defense attorney is to reduce or minimize those consequences. Of course, we will always try for a dismissal of the charges. If this is not possible, we will try to get the fines and possible jail terms reduced.

One example of a misdemeanor is a DUI. Have you ever taken a serious look at the consequences of a DUI. They are anything but minor. If you aren’t aware of those consequences, take a look at our previous blogs on that subject. A DUI conviction can be a life altering event from which it may be a long time until you recover.

Examples of misdemeanor crimes are:

Shoplifting.
Trespassing.
DUI.
Solicitation for prostitution.
Disorderly conduct.
Reckless driving.
Criminal mischief.
Simple battery.
Underage possession of alcohol.

Some consequences of Florida misdemeanors include:

A misdemeanor goes on your permanent criminal record. That can impact future opportunities in employment, housing, education and even relationships. Unless it is sealed or expunged (which can only be done under a slim set of circumstances), it will be forever visible for anyone to look up.

Jail time for a misdemeanor is a possibility. You could spend months in county jail for seemingly minor offenses. For example, trespassing when there is someone else present in the car or building is a first-degree misdemeanor, punishable by up to one year in jail. Are you likely to serve that much time? It depends on numerous factors, such as your prior criminal record and the circumstances of the event, but when you’re facing the possibility of up to 12 months in jail, it’s best not to leave that to chance if you can help it.

Fines can be significant. Why would you want to face those huge fines if there is a way to get them reduced. By all means, you should have a consultation to find our what your choices are.

If you have been arrested for a misdemeanor, we can help. 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.

White Collar Crime

It is obviously less risky these days to do a little credit card fraud or identity theft than towhite collar crime go out and rob a gas station. White-collar crime is now synonymous with the full range of frauds committed by business and government professionals. These crimes are characterized by deceit, concealment, or violation of trust and are not dependent on the application or threat of physical force or violence. The motivation behind these crimes is financial—to obtain or avoid losing money, property, or services or to secure a personal or business advantage.

These are not victimless crimes. A single scam can destroy a company, devastate families by wiping out their life savings, or cost investors billions of dollars (or even all three). Today’s fraud schemes are more sophisticated than ever, and the FBI is dedicated to using its skills to track down the culprits and stop scams before they start.

The FBI’s white-collar crime work integrates the analysis of intelligence with its investigations of criminal activities such as public corruption, money laundering, corporate fraud, securities and commodities fraud, mortgage fraud, financial institution fraud, bank fraud and embezzlement, fraud against the government, election law violations, mass marketing fraud, and health care fraud. The FBI generally focuses on complex investigations—often with a nexus to organized crime activities—that are international, national, or regional in scope and where the FBI can bring to bear unique expertise or capabilities that increase the likelihood of successful investigations.

Major areas of white collar crime are mortgage fraud, health care fraud, identity theft, intellectual property theft, election crimes, insider trading and money laundering.

If you have been accused of a white collar crime or any other type of 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.

Crime Up 700% in Portland Oregon

As of Sunday morning, 37 people had died in Portland homicides this year, a more-than-sevenfold increase compared with the first five months of last year, and a stark contrast to Seattle, a larger city, where 11 homicides had been recorded as of late May. So far this year, the victims have disproportionately been people of color.

In Portland, shootings that wound people also have soared.

By the end of April, 89 people had been injured by gun violence, which is nearly triple the number for the first four months of last year and nearly quadruple that of the same period in 2019.

Violent crimes, even before the unit was defunded, were on a long-term rise. Assault of all types climbed from less than 7,600 in 2016 to 9,102 in 2019, according to Portland Bureau Statistics.

Wow, that’s pretty scary.

If you live here in Tampa Bay, not Portland, and if you have been charged with a crime, you should consult 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.

Police More Accountable

Obviously it is a whole new world out there for police officers.person being arrested

The city of St. Petersburg has announced that for calls involving suspected mental illness, a social worker will be dispatched along with police officers. In some cases, the social worker may be dispatched by themselves. I can see some good in this concept. particularly in situations where police have been repeatedly called to the same residence for what is clearly a mental health issue. Perhaps the social worker will be better equipped to get the proper help for that person.

Whether you think the new culture of police accountability is a good thing or a bad thing, it is here to stay. The goal, of course, is for the police and the public to see each other as neighbors and have the facts well documented in police encounters.

The fact that police officers will have body cameras will change the way evidence is obtained and might, in some cases, make the prosecutors job easier.

The situation where police officers are arrested and prosecuted is not new – it just much more frequent in the new movement in transparency. hopefully this will help the public at large to develop confidence in the police department and being treated fairly.

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.