Tag Archives: criminal defense lawyer

Motor Vehicle Searches in Florida

Traffic violations in Florida contribute to a large amount of police encounters; and many times these encounters lead to arrests for more serious violations after the driver’s car is searched. It is important to know about your rights and protections while driving, and to be aware of what actions police are legally allowed to employ.

Constitutional Rights protect drivers from illegal searches and seizures. However, police are allowed to conduct a search of a vehicle without a warrant under certain circumstances. These circumstances include:

  • Consent to Search: A driver’s consent for an officer to search the vehicle operates as a waiver of constitutional rights under the 4th amendment protection against illegal searches and seizures. Additionally, any incriminating evidence obtained from the search can be used against the driver.
  • Plain View Rule: A police officer is authorized to search a vehicle if within the officer’s plain view there is any illegal substance or contraband visible.
  • Exigent Circumstances: A police officer is allowed to search a vehicle if in their discretion they reasonably believe that an immediate search is necessary to prevent harm or serious damage, or they believe that evidence of a crime is in danger of being destroyed.
  • Probable Cause: A police officer is authorized to search a vehicle without a warrant if they have a sufficient reason justifying probable cause to believe that a crime has been committed.

If you have been arrested following a traffic stop and have questions regarding your rights, call Blick Law Firm today at (813) 931-0840 to schedule a free 15 minute appointment with attorney Michael Blickensderfer.

Posted in Blog, Criminal Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Back to School: Bullying and Child Safety

For many children, returning to school is an exciting time to reunite with old friends, meet new ones, and begin a fresh start in a new school year. However, for some children, school has become a place they have learned to despise because of exclusion and teenage bullying. In recent years, bullying has become a growing concern for parents and school officials alike.

The growing problem has gained visibility through horrible stories of verbal, physical, and even sexual abuse that has been taking place in schools all across the United States.

In response, Congress has sought to enact the Safe Schools Improvement Act to implement anti-bullying measures which would require U.S. schools to report bullying and to provide intervention and prevention programs. The U.S. Department of Education has also issued guidance to schools, colleges, and universities, making it clear that schools have not just a moral responsibility, but a legal responsibility, to protect all students from harassment and bullying.

The Department of Education has also launched the website StopBullying.gov to provide information to school officials, parents, and children on what is being done to prevent bullying, and what to do in the event your child becomes a victim.

If you need advice, or are concerned about abuse at your child’s school, call Blick Law Firm today at (813) 931-0840 and schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

Posted in Blog, Criminal Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Police Stops, Detained vs. Arrested

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.

A detainment occurs when an officer stops and questions a person of interest, generally for a shorter period of time, and requires less than “probable cause” to make a detainment. An officer can detain anyone if they have a “reasonable suspicion” that the person committed or was involved in any criminal activity.

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 | Tagged , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

DUI conviction remains on your record for life!

No one can drink alcohol and still drive safely. Drinking and driving causes accidents and deaths every day and therefore the penalties in Florida are tough.

If you drink and drive the result may be:

  • Jail time
  • Loss of your Florida drivers’ license
  • Heavy fines
  • Increased auto insurance rates

A conviction will stay on your Florida driving record for life.

If it is going to stay on your record, why hire a DUI criminal attorney? While the conviction can not be dismissed, a DUI attorney advocates on behalf of the client for a better outcome, which will impact life as it relates to school, work, insurance rates, etc.

Florida has a Zero Tolerance law for drivers under 21. This means that any driver under 21 that is stopped by law enforcement and has a blood alcohol level of .02 or higher will automatically have their Florida drivers’ license suspended for 6 months. The .02 limit really means that you cannot have a single drink and then drive.

For drivers over 21 the legal limit in Florida is .08. Regardless of your age be aware that drinking and driving is a serious offense. Below summarizes the penalties in the state of Florida for a first offense DUI.

Florida Penalties for DUI First Conviction:

  • Fine – $250 to $500
  • Community Service – 50 Hours
  • Probation – Not more than 1 Year
  • Imprisonment – Not more than 6 Months
  • Imprisonment with BAL of .08 or higher with a minor in the vehicle, not more than 9 months
  • License Revocation – Minimum of 180 days
  • DUI School – 12 Hours

For more information regarding Florida DUI conviction’s penalties and seeking legal representation to better the outcome of your situation, contact Blick Law Firm today! 813-931-0840.

Posted in Blog, DUI | Tagged , , , , , , , , , , , , , , , , , , , , , , | Leave a comment