Monthly Archives: April 2015

Medical Marijuana| Legal News

Medical-MarijuanaWritten By: Marissa Marshall

Drug reform and policies to keep our country drug free have been a constant trend in our country for over 100 years. During the 60s illicit drug use became a symbol of youthful rebellion and political resistance. In 1971 president Nixon started the famous “War on Drugs” declaring drug abuse as public enemy number one.

With a national culture of zero tolerance for illicit drugs, there’s no mystery as to why recreational marijuana has not been made legal by the federal government. 23 states and the District of Columbia have legalized Marijuana in some form. Colorado has visitors come from all over the world who book “marijuana tours” that allow them to sample different varieties. In our nation’s capital it is legal to smoke marijuana recreationally and possess up to two ounces, however federal employees in DC are still subject to the federal laws. Many states where marijuana is not legal have also decreased the penalties associated with marijuana.

Aside from its recreational uses marijuana has been used for medical purposes as well. Many people vouch that along with chemo therapy and proper diet cannabis oil is proven to reduce tumors and in some cases cure cancer. There are numerous cases of parents risking their freedom to obtain the drug for their child who is sick with cancer. The common attitude in cases like this is that the quality of life brought back to their children through the cannabis oil is worth the associated risks.

Here in Florida this past November amendment 2, which was for the legalization of medical marijuana, did not pass. The amendment got a majority vote but not the 60% that it takes to pass in our state. In a state where medical marijuana is legal you go to your doctor who prescribes you a “marijuana card” which allows you to purchase marijuana from an authorized dispensary. Medical marijuana is used to treat muscle spasms, nausea and lack of appetite associated with chemo therapy. It’s also been correlated with reducing seizures, and the symptoms of Crohn’s disease among other things. Since it has been in use marijuana has had no documented instances of death from overdose.

Although the Blick Law Firm does not advocate the use of illicit drugs, we understand that the Florida prison system is overcrowded with non-violent prisoners who have been detained for the possession of marijuana. We represent clients in criminal cases to help reduce the sentence and charges that are associated with these felonies. If you know someone who is suffering a hardship as a result of possession, give us a call at 813.931.0840 or schedule a consultation online at…call

www.BlickLawFirm.com

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Neglect in Elderly Care Centers

Elderly Care photoWritten By: Louie Talacay

We owe our elderly loved ones everything in life. If it were not for them, who we are and where we are going would be impossible. These are the people that nurtured us, gave us food & shelter and above all, life itself. The mountain of gratitude and reverie can never be achieved to thank someone for the miracle that is life.

There comes a point in life when these elderly loved ones may need assistance to go about their daily lives. Unable to provide the care that is required, because of work and other pending responsibilities, we outsource this care to a facility that can provide for all their needs. Best part of all, they can be social with other patrons, keeping their mental game keen and sharp.

Amongst a mountain of accusations regarding neglect, these facilities no longer have that appeal of caretaking that they should have. Instead, we fear for our loved ones safety, unsure that they are getting the treatment and respect that they deserve. It is that moment of insecurity that makes us question, are our loved ones safe?

Because of these accusations, HIPPA is reconsidering wiretapping laws that allow cameras and audio recording devices to be placed in the nursing homes. These devices will be used to audit the behavior of caretakers and ensure that negligence will be handled properly.

Is this a violation of privacy law? The federal government has a clear view about the use of hidden cameras or recording devices in general. If they are there, they must be disclosed to the public. Of course, this pushes the envelope on an ethical debate that has been waged ever since technology revolutionized life as we know it.

Even though the use of cameras may seem extreme, they serve a purpose that creates a true end to problems. They will expose the workers who obviously need to be replaced and highlight the ones that provide true and general wellbeing for their patrons. Perhaps they will highlight the need for reform that is common with negligence such as the current trend towards VA reform.

The elderly should not have to be afraid of their caretakers. They deserve respect and compassion. We all go from cradle to grave and it is our own social security that should see to it that everyone is getting the treatment they deserve. If your elderly loved one has been hurt as a result of negligence, you may be entitled to compensation. The Blick Law Firm specializes in personal injury cases. We understand that although elderly care facilities may have the best intentions at heart, they must do more to ensure that they are screening their employees well. They must be held accountable for the workers they hire and must set a standard that is respectable and fair for the compensation that is provided. If your loved one was hurt as a result of negligence, don’t sit on your case; Call us today at 813.931.0840 or visit our website to schedule a consultation at….call

www.BlickLawFirm.com

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Red Light Cameras| Legal News

simple_img_6Written By: Marissa Marshall

Traffic citations are not fun for anyone. No one likes to go to their mailbox maybe weeks later to find they have a ticket for running the red light. Red light camera tickets are a little different than being pulled by an officer because the officer can use discretion while a camera cannot. It’s common to hear people issued red light camera tickets complain about the fairness, because of these complaints many states have had to look into the legality of these cameras.

American Traffic Solutions is the company that provides the red light cameras. The company helps municipalities to issue about 4 million citations annually. ATS has about 2,500 red light cameras through 275 communities in more than 20 states. The income generated from these cameras has made substantial revenue contributions for my municipalities.

According to Florida law the police have certain powers that cannot be delegated to private vendors; this is where things get a little sticky. Arizona based ATS has been able to use discretion and dismiss certain cases, but here in Florida that is not legal.

In South Florida 24,000 red-light tickets worth an estimated $6 million were dismissed earlier this week because of concerns that ATS is too involved in the outcome of cases. The number of red light cameras across the country has seen a steady decrease from their peak in 2012 according to the Insurance Institute for Highway Safety.

On October 15, 2014 the case of City of Hollywood v. Eric Arem ruled that the City did not have the authorization to delegate its police power to any red light camera vendor. The police had allowed a vendor to screen data and determine if a traffic violation had occurred before issuing a citation. This violates Florida statues, and the citation issued was made void. In October 2014 Palm Beach County stopped the use of red light cameras to issue citations.

In a June 12, 2014, decision, the Florida Supreme Court issued an opinion to address the contradictory decisions of Masone v. City of Aventura and City of Orlando v. Michael Udowychenko. The third district court of appeal upheld the red light camera citation issued in Aventura, while the fifth district court issued the citation in Orlando unlawful and void. The supreme court of Florida agreed with the fifth district, holding the issuing of these citations void.

What do you think about Red Light Cameras? Are they ethical? Should they be legal? Go to http://www.blicklawfirm.com and give us your thoughts and opinion regarding Red Light Cameras. call

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