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Monthly Archives: January 2013
Arrested by Police
When confronted by police, people often become nervous because they are unsure if they may be in violation of some ordinance or law. The difference between merely being detained by police and arrested creates different limitations to your rights. It is important to understand what you can do. Police may stop you, and it is not considered an arrest if you are just briefly detained.
In the event you are stopped for questioning, it is important to remain calm, be polite, keep your hands visible at all times, and do not attempt to flee. You do have the right to remain silent, however, it is best to identify yourself first and then notify the officer that you are exercising your right to silence.
If you are unsure of the situation, you can ask the officer why you have been detained and if you are under arrest. If at that time you are not under arrest, you have the right to leave. If the officer proceeds to arrest you, you have the right to speak to a Criminal Defense Attorney.
An arrest occurs only upon a determination of “probable cause”, this means the officer must have more than just a “suspicion”, the officer must have a “reasonable belief” that you committed a crime. Once the arrest is made, an officer can lawfully conduct a search incident to arrest of your person for weapons, evidence, and contraband. At this point, the officer can hold you in jail for up to 24 hours, or until a warrant is issued for the charges.
Anytime you are stopped and arrested it is important to quickly consult a Criminal Attorney regarding your rights and advice on what you should do. If you have been arrested for a criminal offense, or even issued a citation for a traffic violation, call Blick Law Firm today at (813) 931-0840 to schedule an appointment for a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!
Posted in Blog, Criminal Law
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Effects of an Auto Accident while Pregnant
Auto accidents can be devastating, and injuries sustained in an accident can begin a timeline of treatment and therapy that can take months to complete. In the event an injured party is pregnant, more complications obviously arise.
It is important to understand the possible trauma that can occur to a pregnant person in an auto accident, and the effect it could have on a fetus. Physical trauma can include negative effects such as Placental Separation, Bleeding, Premature Labor, and may even require an Emergency C-section to be performed.
Emotional trauma as a result of an accident can also have negative reaching effects on a pregnancy. The stress that results from involvement in an auto accident can cause pre-term labor, and negatively affect the health of the fetus. It is especially important to see a doctor following an auto accident in order to assess any potential trauma, as well as seek legal counsel pertaining to the potential claim for you and your unborn child. Signs of negative effects to the health of the fetus may include dizziness, fainting, vomiting, headaches, and stomach pain.
If you or a loved one are involved in an auto accident and have questions or concerns regarding recovery for your injuries, call Blick Law Firm today at (813) 931-0840.Call to schedule a free 15-minute consultation with attorney Michael Blickensderfer.
Posted in Blog, Personal Injury
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New Year’s Bankruptcy: Advantages and Alternatives
With the beginning of the New Year, people everywhere have vowed to achieve new goals and get a fresh start with hope of a more fulfilling future. Most peoples’ goals or resolutions are personal; they involve family, friends, self-improvement, and many times finances. When considering getting a fresh start on ones’ finances, many people embrace the idea of relieving themselves of the burden of insurmountable debt by filing for Bankruptcy.
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.
Posted in Bankruptcy, Blog
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Driving with a Suspended License
Everyday Florida drivers get behind the wheel unaware that their diving privilege has been suspended, cancelled, or revoked. Law enforcement officers make daily arrests for driving with a suspended license which can lead to complications when trying to reinstate your driving privilege.
Driving without knowledge of the suspension generally leads to the issuance of a non-criminal citation. However, it is important to know that payment of the non-criminal citation operates as an acknowledgment of guilt and points may be assessed against your license because it is considered a moving violation.
In Florida, it is a criminal traffic offense if a driver operates a motor vehicle with knowledge that their driver’s license is cancelled, suspended, or revoked. The following charges may result from Driving with a Suspended License with knowledge of the suspension:
(1) First conviction is a second degree misdemeanor;
(2) Second conviction is a first degree misdemeanor;
(3) Third, or subsequent conviction, is a third degree felony and possible jail time may have to be served.
It is important to know that multiple infractions of Driving with a Suspended License can lead to very serious consequences, and drivers with repeated violations can become listed as a Habitual Traffic Offender.
The penalty of driving with your license suspended, whether you have knowledge or not, can be serious and generally lead to complications with your future driving privilege.
If you or a loved one have been arrested or issued a citation for driving with a suspended license, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.
Posted in Blog, Criminal Law
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Tampa Personal Injury
Parties to an accident are often times contacted by insurance companies in an attempt to get personal injury victims to settle an injury claim quickly, and for a non-negotiated amount. Before a settlement offer is even discussed, it is extremely important to first know the extent of your injuries.
Usually, the severity of damage sustained in an accident is not easily determined, and in many cases an injured party may suffer soft tissue or latent injuries that do not arise until much later. However, once a settlement agreement is made and tendered, an injured party releases their right to recovery for injuries related to that particular incident.
If you are involved in an auto accident, it is always important to first seek medical attention. After an auto accident, it is best to go immediately to the hospital or other treatment facility to determine the extent of your injuries and pinpoint the necessary steps of rehabilitation that might be required.
Secondly, an injured party should always contact an attorney for legal consultation and general information on how to proceed following an accident. In the event an insurance company contacts you regarding your injury claim, do not offer any recorded statements without first consulting with an attorney.
If you or a loved one have been in an accident and need legal advice, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.
Posted in Blog, Personal Injury
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