Monthly Archives: July 2012

DUI: Drunk vs. Under the Influence

Driving under the influence generally refers to a person who has physical control of a vehicle while that person’s normal faculties are impaired by any type of drug, including alcohol and prescription medication.

Under Florida State Statute 316.193, being under the influence pertains to both alcohol and drugs. Therefore, if you are under the influence of drugs and are in actual physical control of a vehicle, you can potentially be charged with a DUI.

In Florida, a blood alcohol level of .08 or more constitutes alcohol impairment beyond the legal limit. However, a police officer may still arrest you for a lower blood alcohol concentration (BAC) if they suspect that your normal faculties are impaired while operating a motor vehicle. Having a BAC under a .08 will increase your chances of overcoming the DUI conviction, but you may still be arrested and endure several hassles that go along with combating a DUI charge.

Police officers will pull drivers over for a number of traffic offenses, even minor ones, and initiate immediate conversation to determine the potential impairment of the driver. To assess the physical signs of impairment, Police will be looking for the ability to maintain eye contact, slurred speech, the smell of alcohol on a driver’s breath, or bloodshot eyes.

Know that your behavior once you’re pulled over is being scrutinized immediately, especially when pulled over late in the evening or after leaving a bar. Therefore, being polite, answering questions respectfully, and not making legal arguments is in your best interest.

While it is your right to not answer any questions without a lawyer present, not doing so will certainly raise the officer’s suspicion and they will likely investigate further. It is wise to answer questions vaguely and avoid delving into specifics, including any amount of alcohol you have consumed, or that you just left a party, bar, or football game.

If the Police are suspicious, they will tell you to exit the vehicle, and you must. However, you may refuse to submit to any sobriety tests conducted. Even if you think you can pass the sobriety exercises, it is likely in your best interest to politely refuse because the officer determines whether you passed based solely on their own judgment. Know that you always have the right to contact Tampa Criminal attorney before you submit to any test.

If you are charged with DUI, it is important to seek legal counsel immediately! Call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with attorney Michael Blickensderfer to determine what your options are moving forward. Attorney, Michael Blickensderfer has 25 year’s legal experience and is licensed in Florida, New York and New Jersey. Blick Law Firm seeks to help the hurting and those in need. Think quick, call Blick!

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Personal Injury litigation

A common question asked by personal injury clients is:  “Will I have to go to court?”  While Blick Law Firm will diligently prepare your case, there is no guarantee that the client will be exempt from going to trial for a personal injury matter.

Though most personal injury cases are settled between parties during pre-trial settlement negotiations, some cases will go to court if the parties fail to settle on an amount suitable for both parties. If a court date is set, the two parties could still negotiate and reach a settlement, even as late as the day of the hearing.

It is important that you know that only you have the authority to agree on a settlement on your claim.  Tampa Lawyers can only advise you on a settlement figure and have no authority to settle your case without your express permission to do so.

If you have a personal injury issue and need help, call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with Attorney Michael Blickensderfer to assess your legal claim.

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Quiebra: Ventajas y Alternativas

La quiebra es un área compleja de la ley e implica muchas consideraciones, incluyendo la posibilidad de presentar, determinar qué tipo de quiebra presentar en una petición, el uso de las exenciones, la comprensión de las protecciones de la Ley de Quiebras y usarlos a su ventaja.

Muchas personas utilizan la bancarrota como una estrategia para resolver una deuda inmanejable. Hoy en día, es más común de lo que muchos se dan cuenta y puede ser una solución refrescante para una vida agobiada por las deudas.

Ventajas y alternativas que considerar:

Eliminación de la Deuda: La principal ventaja de la declaración de quiebra o bancarrota es la liquidación de la mayoría de la deuda. La descarga elimina totalmente la obligación de pagar la deuda de muchos tipos, incluyendo su deuda de tarjeta de crédito, las facturas médicas, facturas de servicios públicos, préstamos sin garantía, préstamos de día de pago, y la mayoría de otros tipos de deuda no garantizada. *** Nota: Ciertos tipos de la deuda no se puede evitar la declaración de quiebra como los préstamos estudiantiles, manutención infantil y pensión alimenticia, multas, sentencias del Tribunal de DUI contra el deudor y las deudas contraídas por el fraude.

Evitar el acoso de los acreedores: Una vez que un deudor se declara en bancarrota, hay una suspensión automática de la colección de la deuda y la mayoría de los acreedores deben poner fin a sus esfuerzos de recolección de inmediato. La estancia es una orden de la corte automático que prohíbe todo tipo de intentos de recogida de los acreedores, y posterga la mayoría de las acciones contra el deudor, incluyendo embargos, embargos o accesorios, cierres de servicios públicos, ejecuciones hipotecarias y los desalojos.

Empezar de nuevo: Usted será capaz de pagar las cosas que son importantes para usted, y comenzar a reconstruir su crédito en paz!

Alternativas a considerar: La bancarrota no es el único método de negociación de la deuda insuperable, y otros métodos puede ser más ventajoso para su situación particular. Estas alternativas pueden incluir un acuerdo fuera de corte con los acreedores, la reducción de los pagos a los acreedores, la consolidación de deudas, o el pago de la deuda mediante la venta de activos o financiamiento de los activos. Sin embargo, la disponibilidad de estos métodos varía en función de la gravedad de sus dificultades financieras, y también requiere la cooperación de los acreedores.

Si usted está teniendo problemas para cumplir con sus obligaciones de deuda, consulte con un abogado experto en quiebras de Tampa para hablar sobre sus opciones.

Llame al bufete de abogados Blick hoy al 813-931-0840. Haga una cita para una consulta gratis de 15 minutos con Michael Blickensderfer para ver si la quiebra o bancarrota es la adecuada solución para su situación.

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Foreclosure potential solutions

Foreclosure is the process in which the lender of mortgage money takes control of the mortgaged property and sells it to raise money to pay on the debt owed by the borrower. A foreclosure happens when one stops paying the mortgage payments, usually for a period of at least three to four months. At that point, the mortgage company has a right to foreclosure, and legally follows a standard process similar to an eviction.

If your property becomes subject to foreclosure, here are some potential remedies:

Reinstatement – To avoid the completion of the foreclosure process, you may be able to reinstate the loan by making payments on the past due amount. Generally, the lender will be cooperative if you bring your account up to date, or demonstrate that you now have the means to catch up on the past due payments.

Mortgage Modification – The lender may be willing to modify the terms of the mortgage. Modification of the agreement may involve adding payments to the end of the mortgage and simply extend the term of the loan. Modification of the mortgage agreement may also be made by reducing the interest rate of the original Mortgage Agreement, and it could include partial forgiveness of the amount of money you owe.

Forbearance Plan – As a borrower you may be able to file a forbearance plan with your mortgage provider. Under this arrangement, the lender will agree not to pursue the foreclosure action; but, the lender will likely require proof of adequate means to satisfy the repayment on the loan. This is generally a viable option if you have encountered a temporary setback such as poor health or loss of employment.

Deed in Lieu of Foreclosure – You may also deed the home back to the mortgage provider if the lender agrees to accept a Deed in Lieu of Foreclosure. The lender will take back the property and cancel the remaining debt. You will be unable to keep your home, but avoid foreclosure and minimize the detriment to your credit score.

Short SaleTo avoid foreclosure, you may also be able to sell your home for less money than owed. A short sale can be completed by finding a buyer to purchase the home and is willing to pay current market value, and having the mortgage provider agree to the sale. Any shortage after the sale will then either be written off by the lender and a IRS 1099 be issued to the seller, or a deficiency remains which the lender may pursue to collect against the seller.

Foreclosure continues to be a growing problem in Florida, and if it happens to you, the worst thing to do is ignore it.

Call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with Attorney Michael Blickensderfer to see what your legal rights are in defending a foreclosure action.



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Bankruptcy: Advantages and Alternatives

Bankruptcy is a complex area of law and involves many considerations, including whether to file, determining which type of Bankruptcy to file, the use of exemptions, understanding the protections of the Bankruptcy Code and using them to your advantage.

Many people utilize bankruptcy as a strategy for resolving unmanageable debt. Today, it is more common than most realize and can be a refreshing solution to a debt-ridden life.

Advantages and alternatives to consider:

Elimination of Debt: The main advantage to filing for bankruptcy is the discharge of most debt. The discharge totally eliminates the obligation to pay many types of debt including your credit card debt, old medical bills, utilities bills, unsecured loans, pay day loans, and most other types of unsecured debt. ***Note: Certain types of debt cannot be avoided by filing for bankruptcy including Student Loans, Child Support and Alimony Payments, Court Fines, DUI judgments against the debtor, and debts incurred by Fraud.

Avoid Creditor Harassment: Once a debtor files for bankruptcy, there is an automatic stay on the collection of debt and most creditors must terminate their collection efforts immediately. The stay is an automatic court order that prohibits all sorts of collection attempts by creditors, and postpones most actions against the debtor, including repossessions, garnishments or attachments, utility shutoffs, foreclosures, and evictions.

Get a Fresh Start: You will be able to pay the things that are important to you, and begin rebuilding your credit in peace!

Alternatives to Consider: Bankruptcy is not the only method of dealing with insurmountable debt, and other methods may be more advantageous for your particular situation. Such alternatives may include an out-of-court settlement with creditors, reduction of payments to creditors, consolidation of debts, or payment of debts by sale of assets or borrowing on assets. However, the availability of these methods varies depending on the severity of your financial difficulties, and also requires cooperation from creditors.

If you are having trouble meeting your debt obligations, consult an experienced Tampa Bankruptcy attorney to discuss your options.

Call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with Michael Blickensderfer to see if Bankruptcy is right for you.

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Shopping around for an attorney? Choose wisely!

When shopping around for a Tampa attorney online, many consumers first instinct would be to choose the lowest rates that an attorney will offer. However, going for a cheap rate attorney may not be the best strategy.

In the economy today, competitive advantage makes it easy for a consumer to find the best for the cheapest price. However, when it comes to legal counseling, many times that is not the case.

When “shopping” around for an attorney, cheaper is not always better. Here are a few tips to look for when you are searching the internet for a Tampa lawyer.

1)     Cost. Comparing cost is very important and of course should weigh into your decision making. In this economy, finding an attorney willing to give their clients payment plans, if appropriate can seal the deal when it comes to retaining an attorney.

2)     Experience. Do a little research on the attorney you are seeking and check his background. An attorney has been practicing for one month will more than likely not be as capable as an attorney that has been in practice for 10 years. Having an attorney with experience will add value to your case and will allow the experts to takeover, ensuring you relief in whichever situation you may be facing

Attorney, Michael C. Blickensderfer has been in practice for over 25 years. His experience includes serving as a prosecutor both in Florida and in Long Island. In the past he served in cases dealing with narcotics, Medicaid fraud, and DUI offenses within New York City. He has also served as a Public Defender, practicing criminal law within the felony division in Tampa, Florida. Other legal experience includes real estate, family law, criminal defense, social security and labor law.

Mr. Blickensderfer’s background includes courtroom and trial experience, both in criminal and civil cases.

3)     Licensed. Many times an attorney may practice in more than one state. An attorney that has more than one license is well-versed in legal laws, statutes and legal systems.

Attorney Michael C. Blickensderfer is licensed to practice law in Florida, New York and New Jersey. Having such a diverse familiarity of the legal system allows him to provide his clients with expert knowledge earned through many years of study.

4)     Ethics. When hiring an attorney clients’ seeking to get best results may lean towards a hard, cut-throat lawyer. However, rather than choosing based on commercial ads of what an attorney portrays themselves to be, check resources. Retaining an attorney based on integrity and moral standards may be the wiser choice.

Our Mission: Blick Law Firm‘s mission is “Helping the Hurting.” Grounded as a Christian law firm and following Christian values, the firm strives to not only meet the legal needs of its clients and their families, but also to provide physical and emotional support. We treat each client equally and with the utmost respect, offering high-quality legal representation and counsel to those who need us most.

If you are looking to retain a low-priced attorney, more than likely you will get what you pay for. Be sure to do what is best for you and your situation. Don’t sell yourself short by only considering the financial perspective. Instead, consider the overall situation, such as, the level of experience, morals and values brought to both you and your case by the attorney you choose to retain.

Call Blick Law Firm today and speak with us at 813-931-0840. We offer free case evaluation and want to strive to not only assist with your immediate legal needs, but assist for results that will make for a blessed and prosperous future!

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