- The Law Offices of Russo & Russo, P. A. - Pinellas Criminal Defense Weblog

New Pinellas Uniform Bond Schedule Denies Bond for Those Persons Arrested for Leaving the Scene of an Accident

The criminal justice system constantly strives for consistency in its treatment of those accused of criminal offenses. In that spirit, our local judges are guided by a “Uniform Bond Schedule” that sets forth a “Low Bond,” “High Bond” and “Recommended Bond” that arrestees are automatically assigned after being booked into the Pinellas County Jail.  Judges also use the schedule to assign bond amounts to outstanding Pinellas county arrest warrants.

Our office closely scrutinized the 2011 Pinellas Bond Schedule signed by Chief Judge Thomas McGrady. We found buried within the sixteen pages of this circuit court order a new prohibition absent from last year’s directives to our local judges. The added provision in Pinellas Administrative Order Number 2011-049 PI-CIR now prohibits some persons from having a bond set after they are arrested for leaving the scene of a crash (accident) involving death or injury. (Often referred to as “hit and run.”)

These inmates are now to be held without any bond until the question of setting a bond or releasing the individual on ROR can be properly addressed before a Pinellas County judge… if the person so arrested has a previous conviction for any of the following offenses:

• Driving under the influence (DUI) (Florida Statute Section 316.193);
• Felony Driving on a Suspended License (Florida Statute Section 322.34)
• Leaving the scene of an accident with death or injury (Florida Statute Section 316.027);
• Leaving the scene of an accident with property damage(Florida Statute Section 316.061);
• Racing on a highway (Florida Statute Section 316.191);

Because the United States Constitution carries a presumption of innocence until a person is convicted, the ability to post a bond after arrest to secure release from incarceration is a rather routine function of our system of justice. Exceptions do exist, as in the case of capital crimes, such as murder. Several years ago, the Pinellas bond prohibition was expanded to:

• Domestic Violence offenses (Florida Statute Sections 741.28 / 784.03);
• Violation of Domestic Violation Injunctions (Florida Statute Section 741.30(9)(b));
• Violation of Injunctions for Dating, Repeat or Sexual Violence (Florida Statute Section 784.046);
• Violation of Pre-Trial Release where the original arrest was for an act of Domestic Violence (Florida Statute Section 741.29(6));
• Stalking (Florida Statute Section 784.048(2), and
• Criminal Gang offenses under Chapter 874

One commonly cited justification for prohibiting a bond after arrest for the aforementioned offenses is to promote safety for the alleged victim. It is also to enable time to pass so that tempers might cool. Permitting an immediate release could otherwise lead to poor decision making on the part of the accused or retaliation against another party. For that reason, the Florida Legislature passed laws prohibiting the automatic setting of a bond under those aforementioned circumstances.

The recent Pinellas bond prohibition for Leaving the Scene of an Accident came about as a result of new legislation under Florida Statute Section 316.027(1)(b). This was added by Session Law 211-80, House Bill 347 and is referred to as the “Ashley Nicole Valdes Act.”  Politicians were motivated to pass the law after the hit and run death of an eleven year old girl in Miami. They were also moved to take action after statistics were released that showed that more pedestrians were killed per capita in Florida than in any other state. See: Transportation for America Pedestrian Death Statistics that indicate that the Tampa-St. Petersburg area holds the second highest risk for pedestrian death in the country.

The new Florida law prohibiting bonds in leaving the scene of accident cases became effective October 1, 2011.

How We Can Help

• If you are facing a criminal traffic offense or any other misdemeanor or felony criminal charge arising in the St. Petersburg / Clearwater area, we are lawyers who can help.
• If there is an outstanding warrant for your arrest, contact us to speak with an attorney. We can discuss your options right over the phone.
• There are a variety of possible solutions we can explore to avoid a criminal conviction
• Selecting the right criminal defense attorney
  
  
  The Law Offices of Russo & Russo
  Former State Prosecutors
  9721 Executive Center Drive North
  Suite #120
  St. Petersburg, FL 33702

Contact our office at (727) 578-0303 
Free consultations

Visit our Criminal Defense Website: www.defensehelp.com
See our New Prescription Fraud Website: www.floridaprescriptionfraud.com
View our Website Dedicated to only DUI at: www.duistpetersburglawyer.com
FAQ’s Associated with Pinellas Personal Injury Cases: www.injuryorarrest.com
Are You Eligible for Social Security Disability Payments?  www.mydisabilitylawfirm.com

Related Links:

Leaving The Scene of Accident Can Bring Unequal Consequences- St. Pete Times
Outstanding Warrants & How They Affect Social Security Benefits
Minor Charged as Adult in Fatal Leaving the Scene Crash-St. Pete Times
The Value of Knowing Which Judge is Assigned to your Pinellas Case
Many Floridians Driving on Suspended Licenses
Help for Out of Town Defendants in Pinellas County DUI Cases

Technorati Tags: criminal,uniform,bonds,schedule,Pinellas,2011-049 PI-CIRcuit,arrested,judge,leaving,scene,accident,crash,jail,offense,florida,attorney,lawyer,defense

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Pinellas County Criminal Court System Determined to Operate... Despite Natural Disasters or Hazardous Emergencies

In many cases, an emergency or natural disaster can result in the temporary suspension of important governmental functions. It can destroy buildings and vital equipment. It can also threaten the the safety of governmental personnel.

But, some governmental agencies are undeterred. After the  September 11, 2001, al-Qaeda terrorist attack on the World Trade Center and the subsequent anthrax mailings,  the United States Postal Service created a "Proud to be an American" style television commercial that featured  the following creed:

"We are mothers and fathers. And sons and daughters. Who every day go about our lives with duty, honor and pride. And neither snow, nor rain, nor heat, nor gloom of night, nor the winds of change, nor a nation challenged, will stay us from the swift completion of our appointed rounds. Ever."

Emergencies and disruptions in Pinellas County courts are nothing new. There have been:

• Evacuations for bomb threats,
• The shooting of a bailiff,
• The hit & run of a Bailiff walking into work,
• A criminal defense attorney punched in the head by his client during a court proceeding,
• A criminal defense attorney arrested on forgery charges while appearing in court on behalf of a client,
• The response of fire and rescue personnel,
• suspected anthrax mailed to a criminal court judge,
• The finding of "Legionnaires Disease" bacteria,
• The theft of an expensive watch at the metal detector,
• Scientology litigation,
• The prosecution of the famous "Hiccup Girl" for first degree murder,
• Rock star gawking,
• Controversial "facial recognition" technology used at the court house entrance,
• A "Tea Party" protest, and most recently,
• A media circus associated with the selection of jurors for the Casey Anthony trial.

But, what about catastrophic emergencies that result in the loss of one or more court facilities? 

On July 22, 2010, designated  "Emergency Response Team Members" assembled behind the Pinellas County Criminal Justice Center to prepare for  just such a contingency. 

Their formal practice session incorporated the use of a high tech inflatable tent, auxiliary power generator, a computer command center and a trailer of necessary supplies. These efforts, demonstrated that our local court system is just as committed as the United States Post Office when it comes to maintaining essential court operations, in the aftermath of a natural disaster, (hurricane, tornado, fire, etc) or, other emergencies that could arise from a terrorist attack, civil unrest or any hazardous condition.  

All of this activity was predicated in compliance with Pinellas County Administrative Order No. 2005-042 PA/PI-CIR. This very detailed court  mandate requires that crucial "court operations" continue in the face of any disaster. It also requires the cooperation between personnel from the  State Attorney's Office, the Public Defender's Office, Deputy Clerks, bailiffs, a court reporter and the acting Administrative Judge.

Crucial operations include, but are not limited to:

• Defendant's "First Appearance" or "Advisory Hearings" for felony and misdemeanor arrests  in compliance with Florida Rule of Criminal Procedure 3.130;
• Pinellas County Juvenile Criminal Detention hearings mandated by Florida Statute Section 985.215;
• Pinellas Injunctions for dating, domestic violence, repeat, or sexual violence in accordance with Florida Statute Section 784.046
• Requests for the issuance of Pinellas warrants or authorization for wiretaps.

We have recently seen natural disasters and resulting civil disorder in  Charlotte County, Florida and New Orleans, Louisiana. Pinellas officials are hoping to avoid both.

Have You or a Relative Been Arrested ?

Call a Pinellas County criminal defense team with substantial background & experience. We can discuss possible remedies to get the charge dismissed through diversion programs, or avoiding conviction through a withhold of adjudication.

Free consultation: (727) 578-0303

See our Criminal Defense website at: www.defensehelp.com
See our Pinellas Drunk Driving site at: www.duistpetersburglawyer.com

Related Links:

Who is the Pinellas Judge Assigned to my case?
Power Outage & Fire Closes Courthouse
Courthouse Closes Because of No Water
Hurricane Closes Several Courthouses
Lifting St. Petersburg / Clearwater Area No Contact Orders
How to Obtain Pinellas Criminal Court Records
Why Use a Private Criminal Defense Lawyer over the Public Defender?
Suspicious Package Closes Courthouse
How to Select the Right St. Petersburg / Clearwater Defense AttorneyFlood Closes Massachusetts Courthouse 

Technorati Tags: Pinellas,courthose,St. Petersburg,Clearwater,natural disasters,emergencies,lawyer,attorney,defense attorney,criminal,advisory hearing,juvenile,detention,warrants,injunctions,domestic,violence,emergency response team

Attorney Marc Pelletier's Efforts Praised in St. Pete Bar Association Magazine

The June issue of The Paraclete - "The Magazine for the Legal Professional," features an article about the resurgence of the Pinellas County Association of Criminal Defense Lawyers (PACDL). This organization of 48 local lawyers promotes the zealous defense of the accused through the exchange of information and ideas. The "Paraclete" is published ten times per year by the St. Petersburg Bar Association and reaches judges & lawyers in St. Petersburg, Clearwater and all other areas within Pinellas County.

The classical Greek term "paraclete" was used to describe "one who consoles, comforts or makes free." It was also an ancient term used to portray "one who advocates for justice on behalf of another." With over twelve-hundred members, the St. Petersburg Bar Association has a long history of their commitment to fostering excellence in the local legal community.

The Paraclete article highlights some of PACDL's achievements since Marc Pelletier was elected president of the organization in October of 2010. It also applauds Marc's recent meeting with Sheriff Coats that was successful in quickly overturning a PCSO policy that had limited criminal defense lawyers' efforts to visit inmates within the Pinellas County Jail.

Marc Pelletier graduated with honors from Stetson University College of Law where he was selected as a "Teaching Fellow" for the legal research and writing department. After receiving his Juris Doctorate degree, he went on to become a state prosecutor for the twentieth judicial circuit. In 2004, Marc joined the St. Petersburg law firm of Russo & Russo, where he limits his practice to the areas of DUI and criminal defense.

Have You or a Relative Been Arrested for a Criminal Offense?

Call a Former State Prosecutor!

Free consultation: (727) 578-0303

Related Links:

How to Select the Right Criminal Defense Attorney
Marc Pelletier in the News
Why Choose Russo & Russo to Defend Your DUI
Why Choose Russo & Russo to Defend Your Criminal Charge

Technorati Tags: Marc Pelletier,Attorney,Lawyer,PACDL. The Paraclete,Pinellas,St. Petersburg,Clearwater,criminal defense,St. Petersburg Bar Association,jail,Stetson,DUI

 

Don’t Let a Pinellas Arrest Ruin Your College Spring Break Experience

As college students begin arriving in droves, finding law violators can be like “fishing in a barrel” for local police along Treasure Island, Sunset Beach and nearby “Caddy’s on the Beach.” Unfortunately, each Spring, many students “arrive on vacation” and “leave on probation.”

Local Residents Pressure Police for Greater Enforcement

Treasure Island residents have grown weary of dealing with what they describe as disruptive and often intoxicated crowds. The City Commission has been under pressure to react to these complaints by progressively escalating the police presence in the area. Heated complaints at city commission meetings and YouTube videos depicting spring breakers’ antics and the resulting disturbances drove the passage of new city ordinances that banned glass containers and beer kegs from Sunset Beach.

Police to Take a “No Nonsense” Approach

Law enforcement has not been shy in announcing that there will be a “heavy police presence” and “high police visibility” as thousands of youth descend on Pinellas county’s beach communities. This extra effort is being made to both deter unlawful activity and to apprehend those observed committing criminal offenses.

In most cases, students are not simply given a “notice to appear” in court for their law violation. Rather, they are arrested by law enforcement who adopt a zero tolerance policy during this enormous social gathering and party scene. Local police departments have theorized that an arrest, as opposed to, a “notice to appear” will send a strong message to other spring break attendees that inappropriate conduct will be dealt with in a firm and immediate fashion.

Location of Stepped-Up Enforcement

Caddy’s on Sunset Beach will be the obvious epicenter of police activity. However, the Treasure Island Police Department intends to extend their active patrol to the north of that location all the way to Sun Vista Park. The agency intends to also focus on the beach area to the south of the popular bar and restaurant.

Surreptitious Surveillance Techniques to be Employed

Local police are anxiously awaiting the arrival of “Spring Breakers.” You can anticipate DUI checkpoints along Gulf Boulevard and the deployment of an increased number of uniformed police officers and marked cruiser. But surveillance won’t end there. The Treasure Island Police Department will be using undercover patrol officers who are casually dressed in an effort to better blend in with the throngs of beach goers. Undercover officers working alongside Florida Division of Alcohol and Tobacco agents will target underage drinkers. The Treasure Island Police Department has also installed high resolution video cameras in close proximity to Caddy’s and the Treasure Island drawbridge. These are monitored by additional personnel back at police headquarters. For example, after a highly intoxicated person is spotted on video, a radio dispatch is sent to officers at the location to further investigate.

Arrested Students Often Make a Bad Situation Worse

When a college student is arrested and incarcerated while on Spring Break, they often perceive it to be a devastating event in their life. Many young people will have two immediate objectives in mind:

1. Keeping their parents from finding out; and

2. Getting released as soon as possible from the Pinellas County Jail

Unfortunately, in their haste to achieve these two objectives, the young person will often take a bad situation and make it worse. Here is why…

Without the benefit of advice from a family member who possesses greater life experience, the student will often seek to resolve the case as quickly as possible without considering the long term ramifications. This is a tremendous mistake.

In our experience, we often deal with cases where the morning after an arrest a student will plead “guilty” or “no contest” to the charge at his in-custody “advisory hearing.” He is typically motivated to do so when the judge indicates that in exchange for his admission to the offense, the judge will summarily impose a “time served” disposition or sentence. What this means, is that the case will be officially concluded and the college student’s sentence will be the jail time he has already served. When the student hears that this course of action will result in his immediate release from jail…he can’t help but jump at the opportunity. It is only sometime later that the student suddenly realizes that he now must suffer the consequences of a having “criminal conviction” on his record for the rest of his life. Many young people who contact us are surprised and dismayed to learn that their decision to enter a plea to a criminal charge at the first court date, without the advice of a lawyer, have now placed themselves in a situation where they have acquired a permanent criminal record. Clearly, having a criminal record places a young person, who may just be starting their higher education or career at a tremendous disadvantage when one considers that background checks are now routinely conducted on persons applying to college, a postgraduate institution or for employment.

What to Do if You are Arrested During Spring Break

1. Be polite and courteous with law enforcement. Avoid being disrespectful or confrontational. Your attorney can often later use your positive attitude to your advantage;

2. Have a friend or family member contact a local criminal defense attorney who is knowledgeable and experienced in handling cases for out of town offenders;

See also: How to handle a call from a family member or friend from the jail

3. Ask the lawyer about securing an R.O.R. (Release on your own recognizance) which if granted by the court, would cause you to be released from jail without the need to post a cash or surety bond;

4. Discuss with the attorney your eligibility for entry into a diversion program such as "Pre-Trial Intervention" or "PTI" that will result in the dismissal of the criminal charge. In the alternative, ask the lawyer about a withholding of adjudication, which would avoid a formal conviction;

5. Ask your attorney about ways that your case may be resolved without your need to return to Florida to attend court.

6. Talk to your lawyer about ways you can avoid post arrest publicity;

7. Tell the attorney you want to make every effort to resolve your case in such a way that you will thereafter qualify to have your criminal arrest sealed or expunged.

We Routinely Represent College Students on Charges Including:

• Disorderly Conduct
• DUI
• Theft
• Possession of Marijuana
• Possession of Drug Paraphernalia
• Driving on a Suspended Drivers License
• Criminal Mischief
• Felony Drug Possession
• Open Alcohol Container
• Possession of Alcohol by Person Under 21 years of age

Helping the Out of Town Client and the First Time Offender

Our office is accustomed to helping people who reside out of town and have been charged with a criminal offense in Pinellas County or are first time offenders. In many situations, we can often resolve the case without the need for our client to return to the State of Florida. In addition, we make every effort to avoid conviction, avoid jail, and to safeguard our client’s criminal record from the background checks that employers routinely conduct.

Arrested During Spring Break in Treasure Island or St. Pete Beach?

We are local Pinellas County criminal defense lawyers who regularly represent college students, tourists and out of town business clients facing criminal charges.

You can contact our office for a free consultation at: (727) 578-0303

Visit our Criminal Defense website at: www.defensehelp.com
Visit our Drunk Driving website at: www.duistpetersburglawyer.com

Related Links:
Treasure Island Police Blotter
Sixteen Residents Sue Caddy's Beach Bar
Judge's Ruling Threatens Off-Site Parking for Caddy's
Florida Agents Arrested 1,092 Underage Spring Break Drinkers in 2010
Understanding Your Miranda Rights
Avoid a Spring Break Arrest - Take a Free Taxi

2010 Fox News - Pinellas Crack Down on Spring Break Crime

Technorati Tags: Treasure Island,Sunset Beach,Caddy's on the Beach,spring Break,police,notice to appear,arrest,Sun Vista Park,underage drinkers,college students,advisory hearing,out of town offenders,diversion programs,PTI,criminal,seal,expungement,charges,alcohol,witholding,adjudicationconviction

St. Pete Police Program Targets Repeat Offenders but Blurs the Line between Police Officers & Probation Officers

A newly formed police unit within the St. Petersburg Police Department is cracking down on crimes committed by repeat offenders through increased monitoring and surveillance. The Career Offender Tracking and Apprehension Unit, or COTA for short, is tasked with monitoring the most dangerous “career offenders,” in St. Petersburg. The special unit consisting of twelve detectives and one analyst. The COTA personnel focus primarily on less than three-hundred adult and juvenile offenders who have multiple convictions for serious felony crimes such as burglary and grand theft offense. As part of its objectives, the unit also monitors the various neighborhood-based gangs across the city.

The Career Offender Tracking and Apprehension unit was formed this September upon the premise that, since most crimes are committed by a small group of offenders, law enforcement should focus heavily on those career offenders and aggressively monitor and pursue them when necessary. According to the agency, this strategy of aggressively targeting career criminals is already paying dividends. The City of St. Petersburg has recently reported that the COTA unit’s approach has cut automobile thefts alone by 43 percent and reduced burglaries by 20 percent this year.

While the unit is firmly committed to quickly apprehending career criminals when they commit new crimes, not all of its activities take a purely reactive approach. In fact, the unit has placed great emphasis on educating the offenders under its supervision. This is especially true with the juvenile offenders targeted by the unit,. The St. Petersburg Police Department  feels that these juvenile offenders are far less likely to continue to commit crimes if they know that their whereabouts will routinely be monitored and scrutinized.

Detectives and personnel within the COTA unit regularly check with school officials and family members to make sure that the past offenders are regularly attending school during the day and obeying court-imposed probationary conditions.. For many officers of the COTA unit, this means visiting the offender’s family to guarantee their compliance. It also means checking on adult offenders to ascertain whether they are complying with curfews. Our office has concerns about these otherwise law-abiding persons being “targeted.” We also question whether such monitoring of court imposed conditions, and the verification of school attendance  properly falls under the purview of law enforcement. After all, isn’t that suppose to be the job of probation officers?

So far, the unit’s approach has received approval from the local judiciary. The general consensus of Pinellas judges is that the program is correctly and effectively targeting the offenders most at-risk to commit more crimes in the future. The response from the local State Attorney’s Office has been emphatically positive, with one Assistant State Attorney telling the press that the program is finally doing something about career criminals that are confident they can "beat the system.”

Arrested for a Criminal Offense in St. Petersburg or Clearwater?

We are experienced criminal defense lawyers who routinely handle misdemeanor and felony criminal cases within the the St. Petersburg and Clearwater area. When someone is charged with a criminal offense, they not only need an attorney, but also need to know how to select the right attorney for their case. At Russo & Russo, our goal is always to pursue strategies designed to avoid conviction and jail.

Contact our office for a free consultation at: (727) 578-0303

Visit our general criminal defense website at: www.defensehelp.com
Visit our Drunk Driving website at: www.duistpetersburglawyer.com

Other Related Links:

The Florida Career Offender Registration Act
Will You be Treated as a Habitual Offender?
St. Petersburg Times Article On the COTA Unit
Consider Possible Solutions For Your Pinellas Criminal Charge
St. Petersburg Police Department’s Post Regarding COTA in the St. Petersburg Times
Sealing or Expunging a Pinellas Criminal Record
St. Petersburg Times Expose Regarding COTA’s Role in Combating Gang Activity
Fort Lauderdale Police Department Website with Information Regarding the Department’s “Career Criminal Unit”
Three Strikes Law
The Prison Releasee Reoffender Program

 

Technorati Tags: Repeat offender,serious crime,felony charges,burglary,vehicle theft,career criminal,adult offender,juvenile offender,St. Petersburg Police Department,criminal defense lawyer,defense attorney,Clearwater,Pinellas County,State Attorney,detective,probation,curfew,truancy,police unit,task force,neighborhood gang,gang crime,grand theft,Pinellas Judges

Bad Santa

 

Sometimes Santa is a little more naughty than nice. In fact,  his sleigh might just be filled with stolen property or abducted children.

Around this time of the year, there is often an influx in the amount of crimes committed by the jolly old man in a bright red suit. Consider the following crimes recently committed by Santa and his elves. These offenses might make you think twice about closing your chimney flue, guarding your wallet and keeping a close eye on your children.

Who’s Lap is Your Kid sitting on?

Parents all over the nation take their children to local Malls every year to get a picture taken on Santa’s lap. Hopefully the screening process for choosing these Santas is thorough, since there some "Santas" out there with some serious character flaws.

Santa & Rudolph Abduct Child

In Columbia, South Carolina, a man dressed as Saint Nick abducted an 8-year-old girl from a gas station right in front of her parents. The man, dressed as Santa, was fueling his motorcycle at a gas station when he struck up a conversation with the girl’s family and showed off his Rudolph stuffed-animal riding in the sidecar. After a brief exchange, the pseudo-Santa ended up driving away with the small girl in his sidecar. The girl’s family gave chase to the kidnapper and was successful in retrieving their daughter, uninjured. The not-so-jolly kidnapper explained that he "got caught up in playing the role of Santa" and allegedly had no intention of kidnapping the little girl.

Santa Walks Neighborhood Stalking His Prey

Children associate Santa  with good times and presents. Luckily, a little girl in Ohio was weary enough to be suspicious of a man dressed as Santa that approached her while she was on her way to school. As the 12-year-old girl walked to her school for children with special needs, a man dressed as Santa grabbed her and attempted to kidnap her in broad daylight. Thankfully, the student was able to break free of Santa’s grasp and run into a local convenience store. Situations like this illustrate the level of awareness and caution that need to be instilled in children in order to keep them out of the hands of predators that often go to great lengths to lure children to them.

Lawmakers in Florida understand the inherent danger that a sexual predator armed with a Santa Claus costume could pose to children, and recently created a statute that specifically forbids such conduct. Florida Statute 947.1405(12)(b) prohibits convicted sex offenders from dressing like Santa Claus, the Easter Bunny, or any other costume that might appeal to children.

Does Santa Carry a Gun?

Last year in Nashville, a thief dressed as Santa Claus held a bank teller at gunpoint and robbed a SunTrust Bank branch. As if a man dressed as Santa brandishing a sidearm and committing a bank robbery was not strange enough, the thief was reported by witnesses as being in a "jolly mood" and told the bank teller that "he had to pay his elves." 

Interestingly enough, if  the man dressed as Santa was convicted of committing this offense in Florida, he would face stiffer penalties for wearing the costume. That is to say that the State would be able to seek a harsher sentence due to the fact that the perpetrator had concealed his identity, albeit in a Santa costume. Florida Statute 775.0845 states that any criminal offense committed while the offender wears a hood, mask, or any other device that conceals their identity, shall be reclassified to the next higher degree. This means that a second-degree felony committed by Santa would then become a first-degree felony.

When Santa Drinks more than just Milk with his Cookies

Most people would agree that Santa Claus has a pretty tough job, with his burdensome task of delivering presents to children around the world. One Santa decided to unwind with a few drinks. A Wisconsin man dressed as St. Nick was cited for drunk driving last year after he drunkenly stumbled out of his vehicle in front of a group of children and proceeded to ask if "anyone knew where his reindeer were." Despite his advanced state of inebriation, he apparently was able to maintain his character part. His conduct an open container of alcohol lead to a DUI investigation. 

Although the ramifications of a reindeer powered DUI are unclear, an intoxicated motorist in a Santa garb could clearly face a license suspension, an ignition interlock device and even possible time spent in the Pinellas County Jail.  Mrs. Claus would probably not take kindly to that!

Arrested for an offense in Pinellas County? We Can Help!

We are experienced criminal defense lawyers who regularly handle theft, drug related offenses, DUI, and other related offenses arising out of the St. Pete /Clearwater area. Visit our website to learn about possible solutions.

Contact our office for a free consultation with an attorney at:
(727) 578-0303

Visit our general criminal defense website at: www.defensehelp.com
Visit our Drunk Driving website at: www.duistpetersburglawyer.com

Links:

The case of crimes against Santa
Getting Your Pinellas Charge Dismissed through a Diversion Program
Santa Arrested for Child Porn
Children Cry as Fake Santa arrested
St. Petersburg / Clearwater Arrests of Out of Town Tourists
Drunk Santa Arrested after Kicking Cop
Getting Probation in Pinellas County
Shopping Mall Santa Arrested for Internet Stalking
Avoiding Post Arrest Publicity After a Pinellas Arrest
Wal-Mart Santa Arrested for Exposing Himself to Boy

Drunk Santa Arrested

 

Technorati Tags: Santa Claus,crime,criminal,kidnap,sex offender,bank robbery,Florida,sentence,mask,felony,DUI,license suspension,jail,Pinellas County,attorney,lawyer,St. Petersburg,Clearwater

Pinellas County Jail Uses Creative Method to Accept Online Credit Card Bonds

Today it seems that everything from buying clothes to paying bills can be done with minimal difficulty by using the internet and a credit or debit card. Now... something as complicated as posting a surety bail bond can easily be accomplished with the click of a mouse.

GovPayNow.com is quickly becoming a popular website that lets people who have loved ones in jail quickly secure their release without the need to first secure cash from their bank or the help of the local bail bondsman. In fact, the system works faster at springing someone loose than the older more conventional methods that have been around for decades.

In the past, the Pinellas county jail was only amenable to accepting either cash or a certified check from a bank. Of course, "bankers hours" meant that an untimely arrest could deny your family access to either of these two methods of payment. That left the services of a bail bondsman as the only other available option. Of course, the bondsman would charge a non refundable industry wide standard premium of ten percent for his services and often require collateral before posting the surety bond.

Now with Pinellas County Administrative Order 2010-033 PL-CIR and GovPayNow.com that's all changed. Here's how it works:

1. Simply go to the website and enter the Pinellas County Jail code: 6343;

2. Fill in the inmate's name;

3. Fill in the inmate's case number;

4. Fill in the bond amount to be paid.

The website will request your credit card information and the rest of the transaction will be automatic.

Here is some further information to keep in mind:

A.) There is a "non refundable 7 % service fee" that is added to all transactions associated with posting a Pinellas County credit card bond;

B.) Visa, Master Card, American Express, Discover & Debit Cards are all accepted;

C.) If you do not feel comfortable entering your credit card information over the Internet, you can handle the entire transaction with a GovPayNow representative over the telephone by calling: 1-877-392-2455;

D.) The service is limited to posting bonds not exceeding $750.00

 

If you have an outstanding warrant, for a felony or misdemeanor offense arising out of St. Petersburg, Clearwater, or other community of Pinellas county we can help. Call us and we can confirm whether the warrant is active and the amount of the bond. Then we can discuss your various options in dealing with this issue.

Former State Prosecutors Who Can Help You both Before & After Your Release from the Pinellas County Jail

Russo & Russo are attorneys representing clients charged with Pinellas criminal offenses and DUI arrests.

Call for a free consultation:  (727) 578-0303.

Take a look at Our Extensive Pinellas Criminal Defense & DUI Websites:
www.defensehelp.com
www.duistpetersburglawyer.com

Other Links:
What will a Criminal Defense Attorney Cost?
What if I have a Violation of Probation Warrant?
What is the Best Way to Select an Attorney?

Technorati Tags: Pinellas,Jail,Online,Credit cards,bail,bonds,GovPayNow,county,2010-033 PL-CIR,felony,misdemeanor,attorneys,warrant,st. petersburg,clearwater

A Tough Economy Could Mean a "Get Out of Jail Free Card" at the County Jail

In most cases, when an individual is arrested, the amount of their bond is set by a standardized "bond schedule" established by order of the chief Circuit Court Judge, Thomas McGrady. The jail personnel simply look up the inmate's criminal charge and  apply the corresponding bond amount that has been pre-set by the court for an offenses of that nature. For example, a third degree felony, Grand Theft offense carries a $5,000.00 bond, whereas a second degree, misdemeanor Disorderly Conduct charge is assigned a $250.00 bond.

Money Changes Everything

But things started to change when our economy took a nose dive. The Pinellas County Sheriff's office was forced to begin laying off "dozens of jail detention officers." Six housing units at the jail were closed, representing 779 beds. Financial and budget reduction pressures at the jail developed to the point where in 2009, deputies at the checkpoint and visitation center were replaced with private Wackenhut Guards for an annual  savings to taxpayers of $411,000.00.

To alleviate overcrowding and to facilitate leaner operation of the correctional facility, a court order was entered giving the Pinellas County Sheriff's Department "administrative" discretion to simply ROR an inmate right after he is booked into the jail. That's right...in one door, and out the other. This policy has led some to call the jail's liberal ROR policy a "get out of jail free" card.

The Jail Starts Cutting Inmates Loose

It costs the Pinellas County Sheriff's Office $126.00 per day to house an inmate, making them well motivated to exercise their authority and discretion to cut inmates loose on ROR. Chief Deputy Bob Gaultieri recently explained to the St. Petersburg Times  that the utilization of their administrative ROR power allows the Sheriff’s Office to “keep the jail population in a manageable range.” According to jail officials, the more prevalent use of ROR could result in an annual savings of over one million dollars.

Number of Inmates Released on ROR

Jan-May 2007:  528

Jan-May 2008   650

Jan-May 2009   777

Jan-May 210     2,237

Please... Pick Me!

So how does the Sheriff’s Office decide who gets released? The Sheriff’s Office takes into account not only the severity of the crime the person is presently charged with, but also looks at the defendant’s past criminal record and his ties to the community. By taking into account these factors, the Sheriff’s Office is able to assess the flight risk of the offender and ultimately make the determination of who is afforded the benefit of ROR.

In the past, the "failure to appear" rate in Pinellas County was only 5 percent. That figure has been significantly lower than the national average of 20 percent. As the numbers above reflect, the use the Jail's liberal use of the administrative ROR has drastically increased the number of inmates being released, solely on their promise to later appear for court. There are no new statistical figures to show if or how the benevolent use of administrative ROR in our county has affected these "failure to appear" numbers.

So, Who's Complaining?

1. The bail bond industry 
     They are losing money each time an inmate is released without the
      need to post a surety bond.
2. Local Law Enforcement
     They say they understand the space & financial problems of the
     Pinellas County Jail, and view the administrative ROR practice only with
     "cautious acceptance."
3. The Public
     Members of the public have a difficult time understanding how someone
      could be arrested one moment and then simply released the next.
      Because the practice was financially motivated, many lay people have
      adopted a suspicious attitude toward the practice.
    Watch a video on how budget cuts and overcrowding have forced Pinellas inmates to sleep on the floor in plastic "boats" and how jail personnel are taking extraordinary measures to free up space in the facility.

Do You Have an Outstanding Warrant?

If you have an outstanding warrant, it is important for you to know that the bond amount has already been set set by the issuing judge and cannot be administratively altered by the Pinellas County Sheriff's Department. Therefore, if you get picked up on the warrant, there is no chance that you could benefit from having the jail personnel unilaterally amend your pre-set bond amount to an administrative ROR. However, having a lawyer involved in your case, before turning yourself in on the warrant could put you in a position to secure a bond reduction or ROR directly from the judge assigned to your case. For that reason, we encourage our clients who have an active warrant to get us involved in the process early so that we can attempt to minimize or even avoid spending time in custody.

Watch Our Video to Learn How We Handle Outstanding Warrants

We are Former State Prosecutors Who Have Learned Criminal Prosecution Tactics From the Inside - We Can Help!

Russo & Russo are attorneys representing clients charged with criminal offenses and DUI charges arising out of St. Petersburg, Clearwater, and all other areas of Pinellas County.

Call our office for a free consultation to discuss all of your options.
(727) 578-0303.

For More Information Take a look at Our Comprehensive Pinellas Defense & DUI Websites:
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Other Links:

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Criminal Background Check

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City of Gulfport Hopping on the Paddywagon Bandwagon?

The City of Gulfport is considering joining the Pinellas County Sheriff's Office in a "jail transportation pact," along with Seminole, Oldsmar, St. Pete Beach, Pinellas Park, Largo, Clearwater, and Tarpon Springs. The program, funded by over $3 million in federal grant money, would establish a prisoner transport van operated by the Pinellas County Sheriff's Office.  The van would pick up arrested persons and transport the arrestee from the scene (or the local police department) to the Pinellas County Jail located on 49th Street.  Proponents believe the multi-jurisdictional law enforcement / inter-agency agreement will result in significant savings to municipal police agencies.  They point to a pilot study completed in Clearwater last year that proved to be efficient, and to the time and expense now incurred by the local police in conducting prisoner transport themselves.  The cost to the Gulfport PD for transporting arrested suspects to the jail is nearly $40,000 per year, on average. In comparison, the cost for 18 months of prisoner transport service provided by the PCSO is fixed at slightly less than $30,000. Additionally, the arresting officer is freed from the additional two hours usually required to make a trip to the jail and then back to the jurisdiction after taking a suspect into custody.

With many localities feeling the pressure from mounting budget woes due to the bad economy, the use of regional prisoner transport vans, or "paddywagons" as they used to be called, must appear an attractive alternative to many Pinellas County cities' police departments.  These local agencies join the growing number of Florida law enforcement organizations who are bringing back the paddywagon.  In most cases, the time and costs savings are seen as providing a compelling reason to return to what was once thought of as a bygone law enforcement practice.

Practically speaking, this means that a person arrested for a criminal charge will likely find themselves awaiting pickup at the scene or transported to the local police station to be later picked up by the paddywagon. It is likely that the prisoner transport van won’t be making multiple trips to the same destination in a single night. Therefore, it is possible the Gulfport PD, Clearwater PD, Largo PD, or other local law enforcement agency will hold their prisoners until they reach a “threshold” number before then calling for pickup. As a result, this could translate into a lengthier delay before a person can be booked into the jail, and consequently able to bond out or see a judge at a first appearance or advisory hearing. Of course, safety concerns involving paddywagons are also an issue, as the transport of multiple prisoners raises the threat of multiple injuries should an accident occur.

At Russo & Russo, we make every effort to help you avoid a return trip to the Pinellas County Jail following your court appearance. Call our office at (727) 578-0303 for a free consultation.

Click here to read about the alternatives that are available to help you avoid serving jail time.

The Law Offices of Russo & Russo
Former State Prosecutors
877 Executive Center Drive West
Suite #112
St. Petersburg, FL 33702
Visit our Criminal Defense Website at: www.defensehelp.com

Click here if you need the assistance of an experienced St. Petersburg / Clearwater Criminal Defense & DUI lawyer - we are attorneys who can help.

Click here to learn about possible solutions to your Pinellas County Criminal charge.

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Pinellas County Jail No Longer Overcrowded... But Not For Long

Pinellas County Jail sentences have caused significant overcrowding and created burdensome conditions for both inmates and the Sheriff's Department staff. But that situation has apparently changed. The St. Petersburg Times is reporting that the jail now has approximately 700 empty beds. County administrators are not complaining. That's because last year the Pinellas County Jail spent over 120 million dollars to house inmates. Given these tough economic times, government "bean counters" are welcoming any form of fiscal savings.

But don't attribute the recent decline of inmates to a drop in the crime rate. Likewise, don't be misled into thinking that our local judges have suddenly stopped imposing incarcerative sentences. You can also discount the theory that many prisoners awaiting trial have suddenly had a stroke of fortune that has enabled them to post a bond to secure their release. Rather, look to the huge number of inmates who were formerly housed within the general jail population, despite an illness or significant mental health diagnosis.

Coincidently, last year, the Pinellas County Jail opened a new 432 bed medical facility and a jail "annex" with an additional 256 beds. Our arithmetic tells us that this total amount of new inmate accommodations comes awfully close to the present 658 bed vacancy found in the main jail facility.

But Sheriff Jim Coats isn't letting the empty beds lie idle. Negotiations are currently going on to lease 400 county jail bed spaces to the Florida Department of Corrections who intends to use the facility to house low risk State Prison inmates with approximately only 18 months left of their sentence to serve.

Such a deal could prove lucrative for Pinellas County residents since the jail currently collects 2.9 million dollars per year for housing what we calculate to be 100 federal prisoners already in their care and custody. Sources say the county netted most of that amount last year from this smaller arrangement.

Pinellas County authorities continue to look for ways to open bed space. Clearly, it is more profitable to lease out their bed space to the federal government, rather then to incur the cost themselves of housing Pinellas County inmates. An example of a program designed to reduce the inmate population is the Pinellas County Jail Work Release Program. Under PCSO Policy 19.12  Pinellas County Sheriff's Deputies are authorized to supervise jail sentences through an "electronic monitoring work release program." In essence, a person sentenced to serve a Pinellas County jail sentence can fulfill the obligation from the comfort of his own home. See also Pinellas Circuit Court Administrative Order 2007-032 PI-CIR.

Our County and Circuit Judges have additional methods of imposing a punitive sentence that likewise provides relief to the already overburdened  taxpayers. These include "The Parks Program," "Comprehensive Probation," "House Arrest (Community Control) and "Community Service" obligations.

Our office makes every effort to help our clients avoid incarceration in the Pinellas County Jail. Bringing these sentencing alternatives to the attention of the judge and touting their cost-saving attributes can be effective. A proactive approach in pre-qualifying a client for an alternative sentencing program, along with the proper presentation of mitigating factors, can often enable our client to maintain his current employment while serving his sentence outside of the Pinellas County Jail facility.

If you or a family member is facing a DUI or criminal charge in Pinellas County, and you are concerned about the possibility of a jail sentence, we are lawyers who can help.  Call our office at (727) 578-0303 to schedule a free consultation.

Click here to learn more about Avoiding a Pinellas County Jail Sentence

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Click here to learn possible solutions to your Pinellas County Criminal or DUI charge.

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