From May 21, 2018 through June 3, 2018, law enforcement personnel in the St. Petersburg, Clearwater, and surrounding areas of Pinellas County will have a targeted patrol looking for individuals who are not wearing their seatbelts. During this operation, the officers will be issuing warnings and citations.
Change in the Law Allows Traffic Stops for Seat Belt Violations
On June 30, 2009, the Florida statutes were amended making a seat belt violation a primary offense. This means that prior to that date, law enforcement could not pull you over for a seat belt violation unless they had observed some other violation at the same time. However, the change in the law, known as “The Dori Slosberg and Katie Marchetti Safety Belt Law” allows the officers to conduct a traffic stop, detain you, and issue you a citation in the absence of any other traffic or criminal offense.
Traffic Stops for Seat Belt Violations Can Lead to Criminal Arrests
It goes without saying that many times, a problem as minor as a traffic citation can lead to bigger problems, such as an arrest for a criminal offense. Our attorneys are often contacted by clients who were stopped by the police for a civil traffic infraction, that later led to an arrest. Such cases can occur when:
Seatbelt Violations Will, at the Very Least, Hurt Your Wallet
If you are issued a citation for a violation of Florida’s seatbelt law, you should know that it is not a moving violation and, as a result, does not carry with it the imposition of points against your driver’s license. However, that does not mean that disobedience of this law is without consequence. In Pinellas County, the fine associated with a safety belt violation is $116.00, even for a first offender.
Experienced Pinellas County Defense Lawyers
If you have been arrested for a criminal offense stemming from a seatbelt or other traffic stop, call our office at (727) 578-0303 for a free consultation. During our meeting, we can discuss the legality of the traffic stop, the best strategy for securing a favorable outcome in your case, and whether you are eligible to have the record of the offense sealed or expunged.
The members of our criminal defense team are former state prosecutors who have a combined twenty-five years of experience handling criminal matters in Pinellas County.
Be Careful What You Do or Say…It Can Come Back to Haunt You…While your criminal charge is pending, avoiding publicity after arrest is essential. You can achieve this by carefully monitoring your behavior and statements. Anything you do or say could later be reported to the court and used:
As incriminating statements in an effort to convict you;
As an aggravating factor at sentencing in an effort to show your lack of remorse;
As evidence that while your case was pending, you continued to violate the law.
Tell Your Story Only to Your Lawyer
When facing criminal charges, you should only speak about the facts of your case to your attorney. Statements given to your attorney are protected under the attorney client privilege and can never be used against you. However, this privilege does not apply if you tell somebody else the same information. Even though you may fully trust your family and friends, any conversations between you and them are not privileged communications. As a result, your conversations with them could possibly be used against you in court. Making statements to family or friends could therefore place them in a delicate position and subject them to being called as a witness against you. If you tell your story to a third party it could also end up in the local newspaper or appear in other forms of media. Hundreds of people are arrested each day. Just because you were arrested, doesn’t mean your case will be the focus of a Tampa Bay Times article. To the contrary, the sheer number of Pinellas County arrests makes the job of sifting out news worthy stories a daunting task for newspaper reporters. Click Here to view Pinellas County Jail Online Inmate Inquiry Page. The news media is therefore very dependent upon both anonymous and identified tipsters to bring an interesting recent arrest to their attention. Telling your story to someone other than your lawyer only invites trouble
Maintaining a Low Profile: Stay Away From the Internet
Many users of MySpace, Facebook, online blogs, or other online social websites, mistakenly believe that their site is private. However, state prosecutors have increasingly been using incriminating statements on these sites to help convict defendants or seek an enhanced sentence after trial. There have been several cases where defendants have left their guard down and confessed online to committing a crime. Others have detailed their methods of initially avoiding arrest or posted pictures of the crime scene. These indiscretions led, of course, to easy convictions for the prosecutor.
Search Warrants & Your Private or Restricted Internet Entries
Law enforcement officers are aggressively searching privately restricted areas of the internet for incriminating evidence through the use of a search warrant. Young adults are the most likely candidates to post such information online. Many teenagers have been caught posting pictures of underage drinking and illegal drug use. Users often believe that only their “invited” peers can view the information they have posted. However, law enforcement agencies have repeatedly proven this not to be the case. Don’t make your case worse by posting information about you or your pending criminal matter. This is an area of communication critical to avoiding publicity after arrest. You should resist sharing such information as it could greatly assist law enforcement and the Pinellas County State Attorney’s Office in securing a conviction or a lengthier sentence. Remaining quiet about your case also affords your attorney greater latitude in explaining or mitigating your conduct to the judge.
We Routinely Counsel Our Clients on Ways to Avoid Post-Arrest Publicity
We can not only discuss the facts of your case and appropriate defenses, but also counsel you on steps to avoiding publicity after your arrest. If you have been charged with a criminal offense in St. Petersburg, Clearwater, or other areas of Pinellas County, we can help! Our office can assist you in dealing with the legal challenges and your practical concerns associated with this difficult time.
If you have been arrested in the St. Petersburg/Clearwater area, we can help! Call our office to discuss the facts and circumstances of your case. (727) 578-0303 Free consultations
Visit our dedicated criminal defense or DUI website for more information on your particular charge.
Your body processes an illegal drug or a medication in the same manner it processes any other substance, such as food or water. Everything that enters your body must go through the same biological steps of metabolism until the substance ultimately ends up as waste material in your urine. However, even at this last state, a substance is still detectable.
Drug Detection Times
There is a certain window of time known as the “Drug Detection Time” in which a substance is detectable in urine, blood, saliva and hair. After that time, your body flushes out any trace of that substance. The Detection Time is the amount of time after consumption that a positive result will show on a drug test.
While the substance may still be in your system, drug test also employ the guidelines of “Cutoff Levels”. Each drug has a designated cut off level in which a minimum amount must be present in the urine in order for the test to return a positive result. However, it is important to know that substances are detectable for a much longer amount of time in urine than in other specimen types.
Other Factors to Consider
Although drug tests have detection times and cutoff levels, there are many other factors that may affect the results of a drug test:
Age – our metabolism slows with age, resulting in substances being present in our systems longer.
Body Fat – our metabolism also slows with the more body fat we have, causing substances to stay in our system longer. Also, certain drug metabolites are stored within fat cells, causing them to be present longer in individuals with high amounts of body fat.
Physical Condition- when a person is sick, their metabolism is slowed, resulting in a longer window of detection.
Metabolism- those whose bodies have a higher metabolisms are able to flush toxins much quicker than those with slow metabolisms.
Urine Ph- the more acidic a person’s urine, the shorter the drug detection times.
Administration Method – depending on if the substance was inhaled, ingested, injected or snorted affects detection time.
Frequency of Use – habitual users have a higher tolerance of the substance and their bodies are able to metabolize the substance out of their system in a shorter period of time.
Half-life of Drug- each substance has a specific length of time in which its active components is reduced by half, or 50%. Substances with longer half-life's stay in the system longer.
How Long Will Marijuana Show up in Urine? How Long Will Opiates Show up in Urine? How long Will Valium Show up in Urine? How Long Will Xanax Show up in Urine? How Long Will Clonazepam Show up in Urine? How Long Will Diazepam Show up in Urine? How Long Will Ativan Show up in Urine? How Long Will Cocaine Show up in Urine? How Long Will Oxycodone Show up in Urine? How Long Will Heroin Show up in Urine?
The chart below provides general detection times within a urine specimen for various drugs and medication, but keep in mind, these time frames do not take into consideration the above listed factors.
Oxazepam: 5 days Temazepam: 5 days Clonazepam: 5 days Lorazepam: 5 days Alprazolam: 5 days Diazepam: 10 days
Cocaine
Coke Crack Snow Flake
Generally 2-3 days
Amphetamine / Methamphetamine
Bennies Crystal Speed Uppers Crank
Generally 5 days
Marijuana
Pot Grass Wee THC
Single Use: Up to 3 days Moderate Use: Up to 5 days Heavy Use: Up to 10 days Chronic Use: Up to 30 days
Barbiturates
Downers Goofball Seconal Phenobarbital
Phenobartial: 10-30 days Butalbital: 7-18 days Pentobarbital: 4-6 days Amobarbital: 3-8 days
Phencyclidine
Angel Dust PCP Hog
Generally 7 days
Methadone
Methadose Dolophine
Generally 3-11 days
Dirty Urine Violations of Probation
If you are anticipating a misdemeanor or felony: Pinellas County Violation of Probation caused by dirty urine, we are lawyers who can help. Each violation of probation case is unique. We will start by looking at the aggravating and mitigating circumstances of the facts associated with your original criminal charge. it is important to develop a a strategy in anticipation of the violation of probation court proceedings.
Sometimes, with a client’s proactive efforts, he might actually benefit from a simple termination of further probation supervision. (Early termination of probation) There are other times that the judge can be persuaded to ‘reinstate” or put our client back on probation. Obviously, our mutual objective is to avoid a Pinellas county jail or state prison prison sentence. See: Alternatives to serving jail If you originally received a withhold of adjudication, we will want to ask the judge to “maintain the withhold” so as to avoid a formal misdemeanor conviction or you becoming a convicted felon.
The Law Offices of Russo, Pelletier & Sullivan, P.A. Attorneys at Law Former State Prosecutors 9721 Executive Center Drive North Suite #120 St. Petersburg, FL 33702
Contact our office to discuss your options (727) 578-0303 Free consultations
In September of 2014, the United States Justice Department awarded a $750,000 grant to the Florida Department of Corrections to fund the SMART Re-entry Probation Program. Tucked into this grant money was a provision that enabled a new program whereby the court would implement an “administrative diversion option” for handling certain felony violation of probation cases. Beginning in April of 2015 the Pinellas County “Alternative Sanctions Program” (ASP) became operational.
How Does it Work? The Pinellas program now requires a probation officer to inform an offender under their supervision when he has violated a technical condition of his probation and to advise the offender if he is eligible to “side-step” conventional violation of probation proceedings by electing to participate in the “Alternative Sanctions Program.” It is important to understand that this process would take place in lieu of an affidavit of violation of probation being filed with the Clerk of Court. Accordingly, it also avoids a VOP warrant being issued by the judge.
If the offender wishes to participate in the Alternative Sanctions Program, he is then given the opportunity to sign a “Waiver of Formal VOP Hearing, Admission of Violation, and Acceptance of Sanctions. This document includes the date and nature of the violation. It also provides for the probation officer’s recommendation as to the sanctions the court should impose. Pinellas County Administrative Order No. 2014-079 PI-CIR incorporates attachment “A” which is a “Violation/Sanction Matrix.” This Matrix lists twelve common technical violations, along with an approved list of sanctions from which the probation officer is required to select. For example, let’s say the offender tested positive for a controlled substance in connection with a urinalysis. The probation officer would be required to select one or a combination from the following “Approved List of Sanctions:”
1. Drug Evaluation and successfully complete treatment determined necessary. 2. Increase level of treatment program up to and including residential. 3. AA/NA – 1 x week for 60 days. 4. Curfew from 8 PM to 6 AM for 60 days
The offender signs the Alternative Sanctions Program/Waiver document, as does the probation officer and the probation officer’s supervisor. In so doing, the offender admits to the technical violation and acknowledges the recommended sanction(s). This document is then forwarded to the judge, along with a proposed court order for the judge to sign. (Pinellas County Administrative Order No. 2014-079 PI-CIR, attachment “C” incorporates a pre-printed court order.) The court order enables the judge to check off one of three options.
He can approve the offender’s participation in the Alternative Sentencing Program, along with the new sanctions recommended by the probation officer;
Approve the offender’s participation in the Alternative Sentencing Program, but institute different sanctions; or
Deny the offender’s request to participate in the Alternative Sentencing Program and direct the Department of Corrections to submit a Violation Report, Affidavit and Warrant to address the alleged violation.
Who is Eligible for the Alternative Sanctions Program?
Those persons facing a violation of probation proceeding in Division “Q”;
Offenders who reside in Pinellas County and who have stable ties to the community; and
Persons who have a “technical” violation and have not been charged with committing a new criminal offense while on probation.
Who is not Eligible for the Alternative Sanctions Program?
Those persons who were originally sentenced to sex offender probation;
Those persons who have been designated a career offender;
Those violation of probation cases where the underlying basis of the violation includes a violation of a “no contact” provision;
Those persons who were on “Drug Offender” probation;
Those persons who have violated Community Control (House Arrest); and
Those persons who are viewed as an absconder.
Choosing to Participate in the Alternative Sanctions Program
Participation in the ASP is voluntary. It would enable you to continue on probation uninterrupted, as opposed to being arrested and facing a conventional violation of probation proceeding. On the other hand, any person who believes that they are “not guilty” of violating their probationary terms can choose not to participate in this program. If they wish to contest the violation, the matter will proceed in the conventional fashion. In other words, the probation officer will need to file a violation report, an affidavit of violation and request that a warrant be issued. Thereafter, you would be entitled to a violation of probation “evidentiary hearing” where the prosecutor would have the burden of proving the alleged violation by a preponderance of the evidence.
Are You Entitled to Speak to a Lawyer Before Deciding?
Absolutely! The administrative order openly admits that the Alternative Sentencing Program “will reduce the workload of the Court, State Attorney’s Office, Public Defender’s Office, DOC and law enforcement.” But, that is certainly not a reason to sign a legal document that has a significant impact on your case and your future obligations. Not all violations are black and white. For example, you may be in violation of your probation, but perhaps there are mitigating circumstances that the judge should be aware of. We need to ask these questions:
If the judge were to be better informed of the facts and circumstances leading up to the violation, would he likely conclude that the state had not met its burden in proving that the violation was “willful?”
If the judge were to be better informed of the facts and circumstances leading up to the violation, would he likely conclude that the sanctions recommended by the probation officer were inappropriate?
If you are offered the opportunity to enter the Alternative Sentencing Program but want to first speak with a lawyer, it would be prudent to discuss this in a diplomatic way with your probation officer. You should be polite, respectful and express your gratitude for the opportunity. You should indicate that you are inclined to go that route, but that you would like a very brief opportunity to first speak with a lawyer. In that regard, you should suggest scheduling another appointment with the DOC within the following few days to “finalize” the process.
A Decade Ago, “Administrative” Violations Would be Unheard of
In 2004, a Sarasota man by the name of Joseph P. Smith suffered a technical probation violation in connection with his drug possession charge. His judge, Harry Rapkin had a reputation in the legal community for imposing harsh sentences. In fact, he was known to be so tough that it had earned him the courthouse moniker of “Hang ‘Em High Harry.” In this case, Judge Rapkin reinstated the man’s probation. After all, the basis of the violation was a failure to timely meet court imposed financial obligations. Smith was reinstated on probation and released from custody, whereupon the offender committed the heinous act of abducting, raping and murdering a child. A firestorm of controversy erupted over how the Florida courts handled felony violations of probation. Judge Rapkin received death threats and there were even organized efforts to remove him from the bench. See also: The Problem With Probation-St. Petersburg Times.
The Smith case caused a knee-jerk reaction in Pinellas County and across the State of Florida. Felony probation officers were instructed to request a warrant in every case, regardless of the nature of the violation. The age old practice of the Department of Corrections providing a written sentence recommendation to the judge was terminated. In addition, Pinellas County felony violation of probation warrants thereafter carried a zero bond amount. This meant that a bondsman would serve no purpose, because no amount of money could secure your release without a hearing and the judge’s subsequent modification of the bond.
But... times change. Budgetary problems often skew public policy and legislation. Below are some examples:
Potential Legal Issues Raised by the Alternative Sanctions Program
Last year, a misdemeanor VOP alternative sentencing path in Pinellas County was found to be contrary to Florida law. The program was well intentioned and strongly supported by Pinellas County Criminal Defense lawyers. Nevertheless, the appellate court took issue with the method of imposing VOP sentences and invalidated the sentencing methods being employed. As with any new program, only the future will tell if the ASP is well conceived. The three criminal defense lawyers in our office have already identified what we believe to be a deficiency in the Sanctions/Waiver document. There are additional issues that may need to be resolved and are likely to lead to litigation. Consider these points:
1. An arrest for a felony violation of probation can clearly be avoided by using a “notification letter” as authorized by Florida Statute Section 948.06(1)(g). However, we believe that in order for a modification of an offender’s probation to be lawful and enforceable, Florida Statute Section 948.06(2)(a-e) requires that the offender appear before the court. This premise appears to have been recognized in 2007 by then Chief Judge Robert j. Morris when he drafted Administrative Order Number: 2007-081-PA/PI-CIR. Judge Morris authorized a method of handling violations of felony probation consistent with then recently amended Florida Statute Section 948.06(1). That earlier administrative order provided for a means of avoiding the expense associated with the issuing and serving of a warrant. However, it is important to recognize that Judge Morris provided within his order an approved “Notice to Appear” to be used in scheduling a violation of probation hearing that mandated the offender’s appearance before the Circuit Court.
The Second District Court of Appeal in Suliany Ivette Garcia-Medina v. State of Florida, relying on the Florida Supreme Court in Clark v. State held that “Section 948.06, Florida Statutes (1987), provides the sole means by which the court may place additional terms on a previously entered order of probation or community control. Before probation may be enhanced, a violation of probation must be formally charged and the probationer must be brought before the court and advised of the charge.” In Clark, Justice Shaw wrote “Before probation or community control may be enhanced, either by extension of the period or by addition of terms, a violation of probation or community control must be formally charged and the probationer must be brought before the court and advised of the charge following the procedures of section 948.06. Absent proof of a violation, the court cannot change an order of probation or community control by enhancing the terms thereof, even if the defendant has agreed in writing with his probation officer to allow such a modification and has waived notice and hearing.” See also in support: Senior Judge David Demer’s highly regarded “Violations of Probation” Outline “Change in Sentence with VOP” Section II, A,(12), pages 6-7.
In our view, the new administrative felony violation of probation plan is unauthorized by both statutory and case law. If Pinellas County wants to save valuable resources by avoiding the issuance and execution of an arrest warrant, they need only have the probation officer issue the offender a written “notification letter of a technical violation.” This process is permitted by Florida Statute Section 948.06(1)(g). However, the letter should provide within it the date, time and place of the offender’s court hearing. This additional information would comply with Florida Statute Section 948.06(2) and the aforementioned appellate court decisions.
2. When given the choice between admitting to the violation of probation or getting arrested, does the subsequent admission comply with the Due Process the offender is guaranteed under the constitution? In addition, given the choice of signing the document or getting arrested, does the securing of an admission to the violation pass the strict requirement that it be made freely and voluntarily? Could these considerations serve as a defense and bar to a prosecution on a subsequent violation based on the offender’s failure to comply with new sanctions that were imposed in the Waiver of Formal VOP Hearing, Admission of Violation, and Acceptance of Sanctions document?
3. If the offender violates his probation again, is it appropriate to score six “community sanction” points for every previous “administrative” violation when calculating his sentence under the Florida Criminal Punishment Code (Sentencing Guidelines)? After all, these previous administrative violations were never based on sworn affidavits of violation. To complicate matters, the September 10th, 2014 Press Release issued by the Department of Corrections refers to ASP as “an administrative diversion option.” Yet, the Pinellas County Administrative order does not define the ASP Program as a “Diversion” program. In addition, an “administrative violation of probation” is not an act that permits “community sanction” points to be imposed under the “community sanction” definition found within the sentencing guidelines.
4. If the Judge imposes sanctions that differ from those that were selected by the probation officer and agreed to by the offender, would a subsequent violation of the substitute sanctions be subject to a challenge?
5. If the Judge imposes sanctions that differ from those that the offender agreed to and the offender then declines to participate in ASP, can his admission found in the Waiver of Formal VOP Hearing, Admission of Violation, and Acceptance of Sanctions document be used against him in a VOP evidentiary hearing?
6. If the offender would otherwise score mandatory state prison under the Florida Criminal Punishment Code as a result of a technical VOP, is he still eligible for participation in ASP?
7. In the event of a subsequent technical violations of probation, how many times can an offender participate in ASP? The administrative order is silent on this issue, while the Waiver of Formal VOP Hearing, Admission of Violation, and Acceptance of Sanctions document has a “check box” inquiring if this is a first or second violation. Then again, the administrative order provides that a probation officer “will” inform offenders of their eligibility for ASP and does not disqualify anyone for participation on the basis of multiple technical violations.
8. Could an ambiguity in the administrative order serve to later invalidate an ASP sentence modification? More specifically, the administrative order sets forth those offenders who qualify to participate.Paragraph 2 and 2(a) states ”Participation in the ASP is limited to offenders who were sentenced in Section Q in Pinellas County.” A plain reading of this requirement suggests that offenders who were originally sentenced in other court room divisions do not qualify. As such, to qualify, an offender would have to be facing at a minimum, his second violation of probation. Keeping the Proper Perspective
If you are facing a Violation of Probation, you need to speak to a lawyer, regardless if your violation is technical or substantive. These are serious matters. As you have seen, the law is complex and the potential impact on your freedom is great.
We are Attorneys who Aggressively Defend Violation of Probation Charges Arising out of St. Petersburg / Clearwater / Pinellas County.
Call a Former State Prosecutor! Free Consultation with a Lawyer Pinellas / St. Pete / Clearwater Defense Lawyers
If you are arrested or charged with a criminal offense in Pinellas county, the Clerk of Court secures your mailing address for the purpose of sending you notices of future court appearance obligations. These notices are sent by regular US mail and are intended to arrive in a timely fashion. On occasion, the court notices are known to arrive in an inconvenient last minute-fashion. In other circumstances, they have been known to be mailed to an incorrect address.
A Failure to Appear Can Lead To a New Criminal Charge
Failing to appear for a mandatory court appearance (“FTA”) can be a serious matter. If you were previously released on your own recognizance, it is likely the judge will “revoke” your R.O.R. On the other hand, if you previously posted a surety bond through a bail bondsman or a cash bond and thereafter missed your court date, the judge will revoke your bond. In most circumstances a warrant or capias will be issued for your arrest. There are several ways to handle an outstanding Pinellas warrant and an experienced lawyer can discuss your best options.
If you willfully fail to appear for a court appearance associated with a misdemeanor offense, the prosecutor can file a new additional misdemeanor charge. Florida Statute 843.15(1)(b)
If you willfully fail to appear for a court appearance associated with a felony offense, the prosecutor can file a new additional felony charge. Florida Statute 843.15(1)(a)
These new FTA charges could subject you to penalties of a more significant nature then what you were facing on your original criminal charge.
Helping Clients Avoid an FTA Warrant
The law Offices of Russo & Russo have taken steps to structure a proprietary system of reminding clients of their court appearance obligations. They employ an integrated software system that sends clients a reminder of their court appearance date, time and courthouse location. Clients can receive these automated reminders as an email, text message or automated phone call. Email notifications have the additional advantage of including a link that provides both a map and driving directions. Russo & Russo clients can opt for one or all of the notification methods.
The technology system employed by the law office has the benefit of simultaneously notifying clients over multiple devices and has proven to be highly successful. The lawyers in the firm have applauded the system and rank its effectiveness as superior to the government’s antiquated “snail mail.” Attorney Tim Sullivan is firmly convinced that “Russo & Russo clients benefit from an additional layer of protection” typically not afforded by other law firms.”
St. Petersburg / Clearwater / Pinellas County Criminal Defense Lawyers
Call a Former State Prosecutor who can help! Attorneys Experienced With Outstanding Arrest Warrants. Free Consultation:(727) 578-0303
The public has long had a fascination with the topic of outstanding arrest warrants. This interest has no doubt been fueled by television and the movies with such themes as “The Fugitive,” “Wanted Dead or Alive,” “Dragnet,” “America’s Most Wanted,” and “Dog: The Bounty Hunter.” Of course, when the warrant is for your own arrest, the matter takes on a far more serious role.
During Budget Cuts No One Was Looking for Pinellas Fugitives
In 2009, over 600 jobs had been eliminated in Pinellas county. A whopping $108 million dollars was cut from the budget. Much was made about the controversial budget cutbacks that had caused a temporary closure to the sheriff’s bureau of deputies who had previously been assigned to the “fugitive section.” See: Experts question Pinellas’ decision to ditch fugitive-tracking unit. There was nobody assigned to look for individuals with outstanding warrants. Sheriff Bob Gualtieri took the position that his road deputies could handle the warrants. That could be interpreted to mean that if a Deputy happened upon a motorist with an outstanding warrant, the driver would be taken into custody. However. in the last election for Sheriff,the unexecuted outstanding Pinellas county arrest warrants developed into a campaign issue when candidates Scott Swope and Everette Rice argued that the incumbent Sheriff was not doing enough to locate fugitives.
New Warrant Unit Determined to Find You
With more than 55,000 outstanding arrest warrants, Gualterieri was forced to not only reinstate the “Warrants Unit,” but in his words “take it to another level.” See Video: Pinellas Sheriff Gualtieri Brings Back Warrant Unit. Since April 2013, several thousand warrants have been served. The Sheriff’s Office prides itself on becoming “tech savvy’ in locating individuals who are wanted for outstanding warrants. Plus, the detectives who were selected for the new unit were chosen because of their skills associated with social media and clues that could be uncovered via the Internet. The new Warrants unit cost Pinellas tax payers roughly $400,000 per year and is headed up by Sgt. Bryan Bingham who recently received a promotion.
What Steps They Are Now Taking to Locate You
The warrants team has received training in the use of databases and the entire Warrants department has recently implemented a computerized “case management” system. These efforts have been put into place to insure that no one with an outstanding warrant “slips through the cracks.” Here are a few of the new tactics being employed:
Searching Facebook for wanted individuals or their family/friends;
Searching private & public databases;
Conducting surveillance in surreptitious ways, such as by video cameras, foot or bicycle - as opposed to marked cruisers;
Coordinating efforts with the Pinellas State Attorneys Office
Many users of Facebook, MySpace, online social websites or blogs are of the mistaken belief that their site or posts are “private.” Our office is getting calls from individuals seeking help because the warrant section has located them through these social media outlets. We are increasingly finding that clients have an irresistible urge to interact through the Internet and that is unintentionally placing them in a “high profile” status. See: Be Careful What You Do or Say – It Can Come Back to Haunt You.
You Need a Strategy!
You could benefit from a significant tactical advantage by having the lawyers in our office take action while the warrant is still active. Getting arrested on an outstanding warrant is often untimely and embarrassing. Let’s deal with the warrant on your timetable so you can quit looking over your shoulder. You can earn credibility and show the proper attitude to the court system by taking a proactive approach. Let us help you by intervening with the State Attorneys Office and the Court system while you are still in a bargaining position of strength.
At Russo & Russo, we are Pinellas Criminal Defense Lawyers Experienced With Outstanding Arrest Warrants. Call a Former state prosecutor who can help! Free Consultation: (727) 578-0303 Criminal Defense Solutions: www.defensehelp.com
If you reside outside of Florida and have an outstanding felony arrest warrant issued from Pinellas county, the first thing you should know is that it is never simply going to go away on its own. Unless you take action, the warrant or capias will always be hanging over your head as you continue to look over your shoulder.
Let’s face it... there are countless ways law enforcement can stumble on to the fact that you have an outstanding pick up order. It is just a matter of time until you suffer the inconvenience and embarrassment of an untimely arrest. See: Pinellas Sheriff’s Office Gets Tech Savvy in Finding Fugitives. When you do get picked up, you will find yourself in the disadvantageous position of having to either challenge the extradition (which can be quite difficult,) or typically spend an unreasonable amount of time in a local jail awaiting for Florida authorities to transport back to the “Sunshine State.”
Getting Rid of the Warrant Without Returning
There are times when we are able to assist clients in having their Clearwater / St. Petersburg area warrants withdrawn and their felony case resolved without the need for them to return to Florida. This includes clients who are facing a violation of felony probation. A large part of the legal strategy is premised on our ability to take a “proactive” approach, before our clients are apprehended on the warrant.
Favorable Factors That Could Help Your Chances
The facts and circumstances of each case are unique, so it is important to take advantage of a free consultation. We can discuss your situation right over the phone to determine if you might be a good candidate. However, here are just a few considerations that could be viewed in your favor:
You no longer reside in Florida and the cost of transporting you could be viewed as financially burdensome for an already cash-strapped state government;
The warrant associated with your case is rather old;
You still have outstanding financial obligations associated with your case. For example, restitution to a victim, probation supervision fees or court ordered fines.
You are in a position to pay these financial obligations up-front;
Your original arrest did not involve a crime of violence or result in serious bodily injury to any other person;
On a past occasion, you were temporarily held on the outstanding Florida warrant, but a decision was made not to extradite you.
Earning Credibility Through a Proactive Strategy
You could gain an enormous tactical advantage by having us intervene while the warrant is still outstanding. Getting picked up on a fugitive warrant puts you in a position of weakness. You can earn credibility and display the appropriate attitude of respect for the court system by taking a proactive approach. Let us help you take a “preemptive strike” at the outstanding Pinellas county arrest warrant while you are still in a position of strength.
*Your telephone conversation with a lawyer is strictly confidential and covered under the attorney/client privilege.
At Russo & Russo, we are Pinellas Attorneys experienced in helping clients with outstanding arrest warrants. Former state prosecutors who can help! Free Consultation: (727) 578-0303 Criminal Defense Solutions: www.defensehelp.com
The recession and stagnant economy brought Pinellas county real estate property tax revenues plummeting. When that happened, budget cuts at the Sheriff’s department were inevitable. A “zero overtime” policy for all Sherriff’s Office personnel was quickly instituted. Shortly thereafter, 161 employees were laid off. The Pinellas county Sherriff’s Office went so far as to save money by eliminating three paid holidays - Veterans Day, Martin Luther King Day and Good Friday.
But it wasn’t until former Pinellas Sherriff Jim Coates dissolved the “fugitive unit” that tracks down persons wanted for outstanding arrest warrants, that the budget cuts became a thorn during interim Sherriff Bob Gualtieri’s campaign to keep his job. See video; “Swope to Reinstate Fugitive Unit, Gualtieri Defends Cuts”. Disbanding the “fugitive unit” responsible for reviewing and serving arrest warrants saved the county $1.6 million dollars. But experts and outside law enforcement agencies highly criticized the move. See: “Experts Question Pinellas’ Decision to Ditch Fugitive-Tracking Unit.”
A Pinstripe Perspective
Pinellas county had become the only jurisdiction among the top six most-populated areas in the state, that lacked a full time staff of detectives focused on outstanding warrants. By February 2012, Pinellas county had accumulated 14,796 outstanding felony arrest warrants. This means that a random sampling of one thousand Pinellas county residents, would reveal sixteen people with a felony arrest warrant. To give you a proper perspective, If you attended a Rays game at Tropicana field to watch the home team take on the New York Yankees… statistically, there would be almost 250 people in the stands subject to arrest for a felony. Of course, identifying these people would be a whole different matter. That’s why critics argued that the PCSO had let them down. There was no longer anyone checking cell phone records of family members, searching the social media and exercising an investigative zeal necessary to locate individuals who were avoiding the criminal court system.
Back to the Future
Fast forward one year to February 2013 and newly elected Sherriff Bob Gualtieri yields to pressure from the Tampa Bay Times and rebuilds the “fugitive unit.” The newspaper had repeatedly run stories of violent offenses that were being committed by individuals with outstanding felony warrants. See: “Pinellas Sheriff Reverses Course, Reconstitutes Fugitive Unit.” Now a full time staff is dedicated to intensive research and thorough investigations. They have been trained in novel investigative techniques. Gualtieri contends that there will be no closed cold case files and that the “fugitive unit’s” investigations and efforts to locate an individual will continue “until the person is in custody.”
Getting Arrested on an Old Pinellas Warrant in Another State
Sheriff Gultieri’s redirection of priorities seems to be effective. We have had an increase in clients calling us who have been arrested on an old warrant. (See video link below where Gultieri claims he has “taking it to another level.”) Surprisingly, not only are many of our clients being arrested on old warrants, but they are also being arrested out of state. This tells us that PCSO detectives are not limiting their search to within the borders of the sunshine state, but are using technology to extend the “long arm of the law.” After locating a fugitive in say Dallas Texas, the Pinellas detectives are not traveling out to the Lone Star State. Rather, they are simply calling the Dallas Police Department and having local law enforcement execute the Pinellas warrant.
Getting Extradited Back to Florida
If you have an outstanding Pinellas county warrant and currently reside out of state, you are not in a safe haven. To the contrary, you are subject to arrest at the most untimely moment. If that happens, be prepared for a very frustrating and uncomfortable extradition process. Many arrests out of state result in a “no bond” status that can leave you incarcerated in a local jail for a significant period of time. If that happens, call us for immediate intervention.
Taking a Proactive Approach
If you have an outstanding Pinellas warrant and are living in another state, your failure to act will only make matters worse. The warrant is never going to simply go away. Here is how we can help:
1. First, read our comprehensive website page dedicate to people just like yourself who are living in another state with the ever pending threat of arrest caused by an outstanding Pinellas county warrant. See: Will Florida Extradite Me on a Pinellas Warrant?
2. After educating yourself with our website on the extradition process, call us for a free consultation at: (727) 578-0303 *Your telephone conversation with a lawyer is strictly confidential and covered under the attorney/client privilege.
At Russo & Russo, we are Pinellas Attorneys experienced in helping clients with outstanding arrest warrants. Former state prosecutors who can help! Free Consultation: 727-578-0303
Construction recently commenced in the expansion of office space for attorneys and staff at the law firm of Russo & Russo. The lawyers share their St. Petersburg location with CBS Radio Broadcasting, located at 9721 Executive Center Drive. Clients often remark that their efforts in finding the law firm’s office location is made easy by spotting the the nearby large radio transmitting tower.
Work at the law office is being completed by Tampa General Contractor, iConstructors. The construction firm recently finished a 79,000 square foot project for Amerilife in Clearwater and the completion of its tenth Chase Bank. iConstructors has built its Florida based contracting services over the past nineteen years and is known for its design and construction of high end corporate interiors.
Work at the St. Petersburg law office entails more than just an expansion of new space. Both clients and staff will benefit from the natural light afforded by expansive ceiling to floor windows. In addition, all existing offices, conference areas, video review room and legal assistant accommodations are slated for a complete contemporary renovation. Members of the law firm are looking forward to a new digital state of the art telephone system that will integrate and compliment their recently acquired new computer systems.
The attorneys at Russo & Russo benefit from their past experience as former state prosecutors and former counsel for a large nationally based insurance company. Attorneys, Frank Russo, Marc Pelletier and Tim Sullivan limit their practice to criminal defense, Prescription Fraud and DUI cases. They are the only local firm handling these areas of law that strictly limit its practice to Pinellas county matters. These lawyers believe their boutique practice gives them better insight into the local prosecutors and judges. See; “Who is the Judge Assigned to my Case?” Their daily appearance in the same courtrooms makes them well acquainted to local customs and practices.
Colleen Russo is focused on recovering settlements in Personal injury cases and securing Social Security Disability benefits for her clients. Her clientele benefit from over twenty-eight years of experience and enjoy a lawyer’s personal attention to their case that might not be possible at mega law firms. Colleen enjoys a busy law practice helping injured and disabled clients. In addition to her charitable work in the community, she gains enormous satisfaction securing the highest possible compensation for her client’s injuries and disabilities. Colleen enjoys a well earned reputation for “getting the job done!”
We Can Help!
Put Our Experience to Work for You! Free Consultation - (727) 578-0303
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:
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.
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.