Law Offices of Russo Pelletier & Sullivan

Government Uses Criminal Laws to Save Money by Discontinuing Benefits

Times are tough and governmental agencies are doing everything in their power to "save a buck." Tactics are not limited to layoffs, hiring freezes and the discontinuation of "cost of living" pay increases for governmental employees. Every branch of government is looking for any excuse to that will positively affect their "bottom line."

This fiscal mentality has led to a wide range of creative stratagies which in many cases have effectively equated to the throwing of a life preserver at monetary economic shortfalls.

One method, used by the "bean counters" is to  discontinue benefits to governmental recipients. The Pinellas County Criminal Justice Center has seen a sharp increase in the number of defendant’s petitioning the court to withdraw old misdemeanor outstanding warrants when the federal government started aggressively enforcing Section 202(x)(1)(A) and 1611(e)(4)(A) of the Social Security Act. These provisions provide that Social Security Disability benefits can be discontinued to any individual for any month during which that person has an outstanding warrant for their arrest.

Further efforts to avoid paying benefits in tough  economic times can also be observed through proposed new legislation. Just last month, the Florida House of Representatives, by more than a 2 to 1 margin, passed HB 7005. The legislation represent’s the government’s efforts to avoid paying Worker’s Compensation benefits by broadly expanding the definition of “misconduct” that would otherwise disqualify a worker from receiving benefits. The Florida Senate not only adopted the definition, but took a further step to combat the budget shortfall through SB 728. This proposed legislation makes it less burdensome for an employer to establish that a worker was terminated “for cause.”

Student loans are now denied after a routine record check reveals that the applicant has a conviction for a drug offense. This practice amounts to over 40,000 loan rejections per year for those persons attempting to pursue a higher education.  Every student loan application now includes the question "Have you ever been convicted of selling or using illegal drugs?"

Drug convictions can also form the basis of a denial for food stamps, TANF (Temporary Assistance for Needy Families), and federally assisted housing benefits. (See: U.S. Government Accounting Report) A Drug trafficking conviction in either state or federal court currently provides judges with the discretion to impose an additional sanction to the mandatory prison sentence that these convictions normally carry. You guessed it!  Once released from serving his term of incarceration, the drug trafficker can be denied any and all federal benefits for a period of five years to life.

Govern Rick Scott is about to sign new legislation that would require all Welfare recipients to submit to and pay for mandatory drug testing. Recipients who test positive for illegal drugs would have their benefits discontinued for a year. If a subsequent urinalysis comes up "positive," they they stand to lose their benefits for three years. Parents who test positive, are required to designate another adult to begin receiving benefits on behalf of their children.

We have all seen the common placard displayed on convenience store windows that says "Use a Gun...Go to Jail." (Warning of Florida's minimum mandatory state prison sentences for offenses committed with the use of a firearm.) Perhaps a new warning is appropriate...

                               "Get arrested and lose your benefits."

If you have been charged with a criminal offense, the ramifications go far beyond your immediate concerns of fines, costs and the possibility of a  sentence that could include time spent in the Pinellas County Jail or the  Florida State Prison system. Both Misdemeanor and Felony  criminal conviction can likely affect your ability to collect government assistance and interfere with your ability to secure employment. Felony or theft convictions could prevent you from being licensed in many occupations and prohibit your ability to lawfully own, use or possess a firearm.

We are former State Prosecutors who routinely handle criminal cases that originate from arrests that take place in the St. Petersburg, Clearwater and surrounding Pinellas county areas. At our free consultation, we can discuss with you your eligibility to participate in diversion (PTI) or domestic violence intervention programs designed to have the criminal charge dismissed. We can also explore other possible solutions and explain the benefits of receiving a withholding of adjudication. Best of all, you can learn about the process of petitioning the court to seal or expunge your record of arrest. Even if you are a first time offender, don't trust the advise of a well meaning family member or friend. You will have to live the results of your criminal court case for the rest of your life.

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

Call a Former State Prosecutor!



Free consultation: (727) 578-0303

Visit our Helpful Criminal Defense website at: www.defensehelp.com
Visit our Pinellas DUI site at: www.duistpetersburglawyer.com

Related Links:

Drug Law denies Aid to Thousands

University Law School - Denial of Benefits for Drug Traffickers

Public Defender or Private Attorney...What is the Difference?

Drug Trafficking in Florida...A Crime You Thought You Understood

Will Outstanding Warrants Suspend My Social Security Disability Benefits?

Getting Your St. Petersburg / Clearwater / Pinellas County    Criminal Records Sealed or Expunged

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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:
www.defensehelp.com
www.duistpetersburglawyer.com

Other Links:

Who is the Pinellas Judge Assigned to Your Case?
Avoiding Jail Time
Florida Department of Law Enforcement Warrant Search
Avoiding Conviction
Have You Been Charged with a Felony? A Misdemeanor?
Criminal Background Check

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How to Handle a Call From a Family Member or Friend From the Jail

The Dreaded Middle of the Night Call From the Pinellas County Jail

It's two in the morning and you are awoken by a ringing telephone on your night stand. This can't be good! It never is. You drag yourself to the edge of the bed and at the same time attempt to clear the cobwebs from your head. Picking up the phone you you hear several people yelling. The acoustics are poor and in the midst of all the din you discern the familiar, yet frightened voice of a family member or friend. He tells you he's been arrested and he is scared. He is very scared. You learn that he is in the Pinellas County Jail and he wants you to get him out as soon as possible. Well of course you will help, you tell him. "But what happened," you inquire. "What did you do? Were you drinking?"

You May Have Just Facilitated a Confession!

Despite your best intentions to help, your discussion about the facts of the case over the jail phone may have just amounted to a recorded confession.That is because all incoming and outgoing telephone calls  from the Pinellas county jail are recorded by the Pinellas County Sheriff's Office. If a case is later set for trial, the recordings are routinely reviewed by prosecutors to ascertain whether any incriminating statements can be used against the accused to help secure a conviction. In the example above, if your friend or relative unknowingly answered the questions "what did you do?" or "were you drinking?" he may have provided the the prosecutor with the very ammunition needed to sink the ship.

Normally, the fourth amendment to the United States Constitution would protect you from a warrantless recording of your telephone conversation. However, the courts have ruled that for security purposes, an inmate has no "expectation of privacy” from phone calls made from inside a jail or prison. The logic or rationale is that by virtue of his incarceration, the inmate gives up a limited amount of his rights since he could be planning an escape or break-out from the correctional facility or making plans to secure contraband or a weapon that could jeopardize the safety of the correctional officers. Thus, the jail is authorized to record and "eavesdrop" on any conversations conducted through the jail facility's phone system.

Likewise, the protections afforded by Miranda warnings and the Fifth Amendment don't apply, since the application of those principles are only applicable to "custodial interrogations" conducted by the police or governmental agents.

What Should You Do?

If you get a call from the Pinellas county jail...

1.)  Advise your friend or relative to remain calm. Remind them that they are not being housed in a state prison facility. It would be extremely rare for them to suffer an assault or injury in the Pinellas county jail facility;

2.)  Immediately inform them that your telephone conversation is being routinely recorded and for that reason you should not discuss the facts of their case either directly or indirectly;

3.)  As tempting as it may be to tell their side of the story, instruct them not to relate the facts of their case to any other inmate in the Pinellas county jail. That person could later be called as a witness against them by the prosecutor and in turn shown favoritism in their own prosecution.

4.)  Reassure them that you will be immediately contacting an attorney to learn your best options for securing their release. Inform them that this might include efforts to secure an R.O.R. (Release on their Own Recognizance without posting a bond); posting a cash bond, or in the alternative, using the services of a bail bondsman to post a surety bond.

There Will Be Plenty of Time To Later Discuss the Facts of The Case

If you do get a call from the jail in the middle of the night, resist the urge to find out what led to the arrest. It's better to concentrate on securing the release of your friend or relative in the cheapest and quickest manner possible. You can then carefully select a criminal defense attorney with the appropriate background and experience to address the legal problem. There will be plenty of time to later sit down in the comfort of his office and discuss the facts of the case.

Watch our video on Outstanding Warrants which discusses the three
methods for securing a person’s release from the Pinellas County Jail.

__________________________________________________________________________________________

Related Links:

Pinellas County Criminal Defense Attorneys

St. Petersburg / Clearwater DUI Defense Lawyers

Memo to Hogan Family: Phone Conversations in Jail are Recorded

Remorse in Courtroom Isn't Shown in Phone Calls From Pinellas Jail

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Charged with a DUI or a Criminal Offense?

We Can Help!

Russo & Russo are attorneys who represent clients charged with Traffic Tickets, DUI and criminal offense arising out of St. Petersburg, Clearwater and other areas of Pinellas County.

                        Call Us for a Free Consultation at: (727) 578-0303

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Your Outstanding Pinellas County Warrant Could Result in a Passport Application Denial

Last year, our office wrote an article on how the Social Security Administration is actively suspending benefits due to outstanding Pinellas County arrest warrants. Recently, we have noted an increase in the number of clients calling us because their application for a U.S. Passport was denied due to an outstanding Pinellas County warrant.

The number of U.S. passports issued per year has doubled since 2001. Last year the United States Department of State issued a staggering 853,543 passports to Floridians alone. Given this large increase in passport applications, it is no wonder we are seeing a corresponding rise in denials. See official passport statistics.

The increased security measures instituted after 9/11 bear some of the responsibility for this trend. The Western Hemisphere Travel Initiative subsection of the Intelligence Reform and Terrorism Prevention Act now requires passports to travel to and from countries traditionally exempted from a passport requirement. U.S. citizens who wish to vacation in the Caribbean or travel to Canada or Mexico must now possess a valid passport before boarding their flights.

There are a number of common reasons for the denial of a passport application:

• Missing Documents;
• Illegible photo copies;
• Outstanding warrants;
• Certain Felony Convictions;
• Delinquent child support;
• Back taxes

If your passport application has been denied for having an outstanding Pinellas county warrant, we can help. We are lawyers who can petition the Pinellas County court judge to withdraw your warrant. We can also  negotiate with the Pinellas County State Attorney's Office to have them withdraw the criminal charge and the warrant. Taking a proactive approach in addressing your outstanding Pinellas County warrant can often likewise lead to the best possible resolution in your case. Our office may also be able to avoid a formal conviction in your criminal matter by showing your good faith in addressing the warrant.

Learn more about how we can help you deal with an outstanding Pinellas County arrest warrant by watching our video.

We can often advise you of your various options right over the phone. 

Our office can:

1. Quickly verify whether a Pinellas County arrest warrant exists;
2. Ascertain the exact amount of bond the judge has set in your case;
3. Reveal the nature of the criminal charge related to the warrant and inform you why the warrant originally was issued;
4. Implement a plan designed to quickly have the warrant withdrawn so as to avoid your untimely arrest by the police.

Related Passport Links:

U.S. Department of State Official Passport site

Online Application for U.S. Passport

Frequently Asked Questions - Passport & Citizenship Documents

Related Warrant & Criminal Defense Links:

Visit our Outstanding Warrants website page for further details on how a Pinellas County Defense Attorney can help.

Visit our blog on Worthless Check Warrants

Read our Possible Solutions website page to discover possible resolutions to your pending Pinellas County criminal charge.

See the Russo & Russo Law Office website to learn more about Pinellas County Criminal Defense.

 

Technorati Tags: Outstanding Pinellas County arrest warrant,U.S. Passport,denial,criminal defense lawyer,attorney

Outstanding Pinellas County Arrest Warrants and Worthless Checks

 

Our office handles a large number of cases involving the offense of “Worthless Check,” also referred to by the legal term of “Obtaining Property or Services in Exchange for Worthless Check.” Under Florida Statutes ss. 832.05(4), this crime can be a felony worthless check offense or a misdemeanor worthless check offense, depending on whether the check is written for an amount that is greater than $150.00.

Many times, a “Worthless Check” charge only comes to an individual's attention after they learn that an outstanding warrant has been issued for their arrest. The typical scenario involves a situation where the following events occur:

1. A merchant or individual receives a check that is dishonored for “insufficient funds” (NSF) or a "closed account";

2. The recipient of the bad check sends a certified letter to the address on the check demanding that the check be made good. Note that this action is required for a worthless check prosecution to commence under Florida Statute ss. 832.062(4) in cases where the check was dishonored due to insufficient funds in the bank account;

3. The certified letter is returned because the person who wrote the check has typically moved from the address;

4. The State Attorney’s Office receives the check for prosecution and files a charging document or “Information” alleging the criminal offense of “Receiving Property or Services in Exchange for Worthless Check.” This has the effect of setting a court date before a Pinellas County Criminal Court Judge;

5. The Pinellas Clerk of Court sends a “Notice to Appear” requiring the check writer of the upcoming court date to the check writer at the address on the check;

6. Of course, the notice of the court date is never received because the check writer has long since moved from the address; and

7. At the scheduled court date, the check writer is not present because they never received notice of the court date. At that point, the judge issues a warrant for their arrest.

Given this very common set of circumstances, many of our clients are tremendously surprised to learn that a Pinellas County warrant for their arrest exists and that law enforcement is actively seeking to take them into custody. Fortunately, we are St. Petersburg / Clearwater criminal defense lawyers with a recognized reputation for excellence in the Pinellas County legal community.

The first step is to set an expedited court date before the judge assigned to your case. At this court date we will seek to have the judge withdraw the warrant. A central feature of our argument to the Court is to demonstrate to the judge that you never received notice of the court date to begin with. Upon hearing this, it is highly likely that the judge will withdraw the warrant since your alleged “Failure to Appear” was not willful.

Secondly, we must address the issues surrounding the “Worthless Check” allegation itself. There are a number of options, defenses  and solutions that may be available in an “Obtaining Property or Services in Exchange for a Worthless Check” charge. These may include:

• Inspecting the check to verify that it was in fact written by you, and that you are not the victim of a fraud or identity theft;
• In the case of an “insufficient funds” check, reviewing your account balances at the time the check was written for evidence that demonstrates the lack of fraudulent intent on your part;
• Resolving the matter by paying the outstanding check, court fines and costs, and the returned check fee, but avoiding formal conviction; or
• Seeking your entry into Pre-Trial Intervention or a “Diversion” program that will result in the complete dismissal of the charge.

The charge of “Obtaining Property or Services in Exchange for Worthless Check” is a serious offense that could forever brand you as a convicted felon or as a person convicted of a “crime of dishonesty or untruthfulness.” Don’t take chances with your reputation, employment opportunities, and freedom! We are Pinellas County Criminal Defense Lawyers who know how the system works. Call us today to discuss how we can help you avoid a conviction for a bad check and the steps that can be taken to seal or expunge your criminal record.

If you have an outstanding arrest warrant for a “Worthless Check” charge, call our office at (727) 578-0303 for a free consultation. We can discuss your options right over the phone. Even if you have a pending Pinellas County criminal case and live out of state, we may be able to resolve your “Worthless Check” charge without the necessity for you to return to Florida or appear in court.

The Law Offices of Russo & Russo
Former State Prosecutors
877 Executive Center Drive West
Suite #112
St. Petersburg, FL 33702

Visit our comprehensive Web site at: www.defensehelp.com

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Social Security Administration Actively Suspending Benefits Due to Outstanding Pinellas Arrest Warrants

Our law office has seen a noticeable increase in the number of clients coming to us with outstanding arrest warrants issued by the Pinellas County Court System. These clients have been motivated to seek our immediate help because their outstanding warrant has resulted in the termination of their Social Security benefits.  It seems that in these tough economic times, the federal government is actively seeking out ways to save money. Finding a Social Security recipient with an outstanding warrant gives the "Feds" a legitimate reason to discontinue the issuance of checks to that individual...until the warrant is withdrawn. Some estimates are that over 100,000 recipients of Social Security have lost their benefits because of this policy. These cases may involve arrest warrants in St. Petersburg or Clearwater that are years, or even decades old. Very often, when these clients contact us, we learn that they have long since left the State of Florida and moved to another jurisdiction. Even the AARP has stepped up  to voice their concern over this practice. They point out that many retired people having their benefits suspended may simply be "not guilty" of the offense charged. Further, that many former recipients of benefits were totally unaware that a warrant for their arrest even existed.

The good news is that getting the warrant withdrawn... means getting the Social Security benefits reinstated. We have  significant experience in, working within the Pinellas Criminal Justice System. We are often successful in quickly  securing a hearing date to appear before the local judge to have the warrant withdrawn. In many situations, we are also able to resolve the entire case without our client having to appear in court or return to the State of Florida. In addition to the obvious benefit of getting the warrant recalled, the Social Security Administration will resume the payment of benefits once it learns the warrant is no longer outstanding. Such quick action can be extremely cost-effective and beneficial in reducing or even avoiding a disruption of Social Security benefits.

If you find yourself in a situation where a Pinellas County arrest warrant has caused, or is threatening your Social Security Benefits to be suspended, call our office for a free consultation: (727)578-0303

Click here for further information about the effect an Outstanding Pinellas Arrest Warrant can have on Social Security Benefit Payments.

Click here to learn more about the process of resolving an Outstanding Arrest Warrant for a Criminal Charge in St. Petersburg, Clearwater, or other area of Pinellas County.

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 possible solutions to your Pinellas County Criminal or DUI charge.

Technorati Tags: Outstanding Arrest Warrants,Social Security Benefits,Criminal charges