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- Blick Law Firm Works Closely with Tampa’s Chiropractic and Acupuncture Clinic
- Blick Law Firm Brings Legal Expertise and Christian Values to Tampa
- What can a personal injury attorney do for you?
- The Importance of a Real Estate Attorney in a New Transaction
- Over 150 New Florida Laws Take Effect this Month
- Law Change Protects Florida Patients From Balance Billing
- Fatal Alligator Attack at Disney World Orlando Could Mean Legal Trouble
- Florida Gun Laws Under Fire After Orlando Attacks
- Florida’s Death Penalty System Subject to Further Questioning
- Summer Driving Safety Tips
- Florida Supreme Court Votes to Maintain Reasonableness in Workers’ Compensation Law
- Hiring a Personal Injury Lawyer Makes a World of Difference
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DUI | DUI Conviction | Criminal Attorneys Tampa
In Florida, Law Enforcement Officers pull over drivers for numerous reasons, driving under the influence (DUI) being a common arrest. Many Florida drivers are unaware of the definition of a DUI, the consequences that result from such actions, as well as what to do if pulled over for suspicion of DUI.
DUI
DUI, or 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
- Alcohol
- Illicit drugs
- Prescription medication
Therefore, if you are under the influence of drugs other than alcohol and are in actual physical control of a vehicle, you can still 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 look for many physical signs of impairment once pulled over. Initially the driver may only be pulled over for a traffic offense, even minor ones; and then an officer will initiate immediate conversation to determine the potential impairment of the driver, which may result in a DUI conviction.
What to do when pulled over? 
Common signs that police will be looking for to suspect an impaired driver: the ability to maintain eye contact, slurred speech, the smell of alcohol on a driver’s breath, or bloodshot eyes.
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 an attorney before you submit to any test.
DUI Conviction
Florida drivers that are pulled over as a result of driving under the influences whether by alcohol or from a substance may result in the following consequences:
- License Suspension
- Drastic Insurance Increases; especially when required to obtain FR-44 insurance coverage
- Complications with Employment; both present and future
- Driving Restrictions that require additional costs such as an Interlock Device installed in your vehicle for a period of 6 months, 1 year, or even 2 years, depending on your situation
- Probation
- Legal Fees and Court Costs
These consequences contribute to a multitude of difficulties that one faces when battling a DUI charge. It is important to fully understand and appreciate the severity of possible consequences associated with DUI, and always take all possible steps to avoid Driving Under the Influence.
Criminal Attorneys Tampa
If you are charged with DUI, it is important to seek legal counsel immediately from a criminal Tampa attorney! 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.
Bankruptcy Attorneys Tampa | Discharge Debt | Chapter 7 Bankruptcy
Get a start today and eliminate debt! The main advantage to filing for chapter 7 bankruptcy is the discharge of most debt in order to pay the things that are important to you, and begin rebuilding your credit again!
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.
What does it mean to discharge your debt?
When you are in the process of filing for bankruptcy, the entire process is usually completed within four months, and the debtor then receives a discharge of all dischargeable debts. The advantage to filing Chapter 7 Bankruptcy is that your unsecured debt is completely eliminated, the process is fairly quick, and the automatic stay that takes place after filing prohibits creditors from making collection efforts.
What are you able to discharge when filing for bankruptcy?
The discharge totally eliminates the obligation to pay many types of debt including: credit card debt, old medical bills, utilities bills, unsecured loans, pay day loans, and most other types of unsecured debt.
Are all types of debt dischargeable?
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.
Why hire a bankruptcy attorney?
It is important to be aware that while Chapter 7 Bankruptcy may ultimately relieve a debtor of the burden of insurmountable unsecured debt, it is a process that requires the production of several documents and tedious preparation. The more prepared the debtor is, the more seamless the process becomes that is why a trusted bankruptcy attorney may be beneficial in walking you through the process.
No matter what your situation is, obtaining quality legal consultation from an experienced bankruptcy attorney is beneficial. Contact Blick Law Firm today at (813) 931-0840. Schedule a free 15 minute consultation with attorney Michael Blickensderfer to assess what option is best for you. Think quick, call Blick!
Hire a Real Estate Attorney | Home Buying | Title Insurance
Buying a home is a complex process and in order to ensure your future investment is a secure and legal, hiring a real estate attorney to handle the purchase of your home should be considered.
Many times a home buyer may seek counsel from a title agency or realtor. In fact, Florida does not require you to hire an attorney for a title closing like many states. While that may be the case in Florida, those using a real estate or title agent alone need to be aware of the risks involved.
The Law
A title company or realtor may not advise you legally regarding any matters related to your home purchase. The process of purchasing a home is complex and a company that you hire should be able to provide you with legal direction and abide by state ethical standards; these qualities cannot be upheld simply by a real estate agent.
What is Title Insurance?
Title insurance is a rarely understood protection necessary when purchasing a new home or property. Contrary to other forms of insurance that protect against future loss or damage, Title Insurance protects against past events that may cause loss or damage after the purchase of new property due to a failure or defect of the title.
For instance, when purchasing Title Insurance, the title company will conduct a search of public land records to discover potential matters affecting the title of the property. Common issues include: improperly prepared deeds, open mortgages, wills, probate proceedings, outstanding judgments or tax liens against the property or individuals, covenants and restrictions, and easements. After the records search, the buyer is then issued the Title Insurance.
While the records search conducted by the title company is generally exhaustive, many problems can still exist and affect the validity of the title. Disputes can still arise due to mistakes in the public record, previously undisclosed heirs claiming to own the property, and fraud…. These hidden hazards do exist, and Title Insurance will protect you against these potential problems and pay for any legal fees involved in defending a claim.
Real Estate Agents
Real estate lawyers are obligated by law to fully disclose legal options for the home buyer, unlike realtors or title companies that are prohibited from giving legal advice without a license to practice law. The comfort of knowing your best legal options when purchasing a home may be a big factor for overall security and peace of mind.
An experienced real estate attorney can provide professional legal advice, and interpret the very complicated language involved in most Closing documents. The attorney is also capable of identifying potential problems with your purchase documentation, and can save you the hassle of dealing with unexpected complications that may arise during the Real Estate purchase process.
It is important to not only seek a title company for protection when purchasing a new home, but also making sure that the title company has an experienced and competent real estate attorney.
A real estate lawyer that handles and serves clients in title services is able to take legal action as needed to protect clients from any future problems that may arise. An attorney can properly analyze your housing situation to handle any issues, insuring you and your loved ones a secure real estate closing for your new home.
Educate Yourself
A Real Estate Closing is the final step of the home purchase process, whereby the buyer and seller sign the papers to transfer the ownership of the home. In order to complete this final phase of the purchase process, it is important to understand the timeline of requirements that take place leading up to the Closing.
First, a buyer must open an escrow account with a neutral third party, whereby the buyer provides earnest money to be held in consideration of the purchase in order to demonstrate good-faith that the buyer fully intends on completing the sale.
Following the opening of an escrow account, the buyer then needs to take 5 necessary steps to protect their interest in the home. These 5 steps are as follows:
- Completing a Title search
- Purchasing Title Insurance
- Completing a Home inspection and Pest inspection
- Negotiating the Closing costs; and
- Locking the interest rate of the mortgage.
These steps are important in the completion of any Real Estate transaction, and many times it is important for the buyer to seek legal counsel prior to moving forward with the purchase process.
At Blick Law Firm we provide title insurance and escrow services to clients throughout the entire State of Florida. Call us today at 813-931-0840. Make an appointment for a free 15 minute consultation with attorney Michael Blickensderfer. Blick Law Firm seeks to help the hurting and those in need. Think quick, call Blick!
Short Sale | Real Estate Attorneys | The Short Sale Process
Trying to avoid foreclosure? A short sale may be your answer. Homeowners facing financial hardship have several options, but a short sale is a very common solution. What is a short sale? A short sale is an agreement between the seller and the lender to sell their property for an amount lower than the balance owed in order to relieve the seller of the mortgage obligation.
Unlike a foreclosure, a short sale may prevent and help you avoid a huge hit to your credit score that foreclosure may cause. Depending on the negotiated amount of the sale and the timeliness of past mortgage payments, a short sale may be a better alternative.
Did you know? Short sale participants can later purchase a home in a shorter time than those who foreclose on their property. In a short sale you can purchase after two years unlike in foreclosure it is after seven years.
A short sale can be completed by finding a buyer to purchase the home who 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 an IRS 1099c is issued to the seller, or a deficiency remains which the lender may pursue to collect against the seller.
Changes were recently made to help streamline the short sale process including:
· An expedited short sale approach for borrowers most in need.
· Lenders will now have the power to quickly and easily qualify certain borrowers who are current on their mortgages for short sales.
· HAFA offers home owners and investors accessible solutions to the short sale of your home.
The short sale process can be complicated, and the lender may not be willing to negotiate. It is important to know that a real estate attorney can help negotiate the sale and terms with your mortgage lender and provide you peace of mind that your short sale is being handled by an accountable professional.
If you have legal questions regarding your short sale or you are considering your options, call Blick Law Firm today at (813) 931-0840 to schedule a free 15-minute consultation with attorney Michael Blickensderfer.
Criminal Law | Driving with a Suspended License | Christian Lawyer Tampa
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. Additionally, being issued a citation for Driving with a Suspended License requires a court appearance, which must be filed for with 10 days. Obtaining legal representation to defend against a charge for Driving with a suspended license is important, and may help you avoid future consequences associated with multiple infractions for driving with a suspended license.
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 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.
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.
5 Damaging Ways You May Hurt Your Claim | Auto Accident | Tampa Law Firm
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.
If you are involved in an auto accident, it is always important to know what steps to undertake to protect yourself and avoid damaging your potential personal injury case. Many people are unaware that there are several ways they can actually damage their Florida auto accident claim. Here are some important things to avoid that will help ensure your claim is successful:
1. Revealing Information via Social Media: Today’s generation is technologically savvy, a fact which defense attorneys or insurance companies use to their advantage. People can update their status, tweet, write a blog post, or check into places in real time, making themselves more susceptible to public scrutiny. In an auto accident case, Internet research is conducted to help prove that you may not be as injured as you claim.
It is important to understand that what you post or tweet can potentially help the opposing insurance company and hurt your case. Be cautious when posting photos or comments that might discredit your claim. For instance, think twice before posting a status about going to the gym when you claimed to have severe back pain from a recent accident.
2. Lack of Witness Information: Any type of auto accident can cause stress and impair your normal thought process. It is important to stay as calm as possible and gather proper information that will help your case later on. One of the key ways to help your claim if you are not at fault is to identify witnesses. It is important to corroborate your case with eyewitnesses because it will minimize debate from insurance companies. Do not assume the investigating office will collect this information. Take matters into your own hands if possible and ask for witnesses’ contact information promptly after the accident.
3. Giving a Recorded Statement to the Opposing Insurance Company: This is a very common mistake. Usually when an auto accident occurs, the insurance companies are notified right away. Once insurance companies are notified, they move quickly to obtain a recorded statement about what happened and information about your current injury. Most people feel that they have to give a recorded statement to the opposing insurance company and answer their questions. THIS IS FALSE. There is no requirement that you give a recorded statement.
Often, the other insurance company is looking to take advantage of your mental state and lack of knowledge about the matter at hand. Therefore, do not ever give a recorded statement without first consulting your attorney.
4. Take Opposing Auto Insurance Companies Lightly: If you are not at fault, the opposing driver’s insurance company will conduct an investigation during your case. This may include surveillance, photos of damages or video footage of you at some point during the process.
Honesty is the best policy. If you attempt certain activities that might seem questionable, admit them. We understand that over the period of the claim process, you will be treated for injuries and your physical health will improve. However, when an auto accident victim denies something that an insurance investigation later reveals to be true, it will hurt your claim.
5. Waiting too Long to Get Medical Treatment: Most people involved in an accident assume the pain or injury will go away in time. Unfortunately, that is always not the case and complaints may progressively worsen.
Insurance companies monitor the gap between treatments. If you wait even a few days to start treatment, they assume you may not be as injured as you claim. Prompt medical attention is necessary in evaluating your claim and if injuries are severe, report to the hospital. Once you visit a personal injury attorney, request appropriate medical care. Any complaints and symptoms should be well documented and recorded.
Personal injury claims all vary in severity, and often times they involve lifelong consequences that require extensive future medical expenses and years of pain and suffering. If you or a loved one has been injured due to the actions or negligence of another, call Blick Law Firm today at (813) 931-0840.