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Category Archives: Criminal Law
Pulled over? Know your rights! | Criminal Defense
Written by: Michaella Radich
Everyone gets a little anxious when they see police lights flashing behind them. The most important thing to remember if you are pulled over is to remain calm. Speak to the law enforcement agency in a polite manner, and cooperate with him or her, as long as your civil rights are not being violated.
If you are stopped by police, pull over in a safe spot and turn your vehicle off. Turn on the interior light and roll your window partially, keeping your hands visible. Upon request, show the officer your driver’s license, proof of insurance, and registration.
What exactly are your rights when you’re pulled over in Florida?
You have the right to your own personal safety.
This means that the officer cannot force you to pull over in an area where traffic poses a threat to your personal safety and well being, or the safety of any passengers in the vehicle. The law enforcement agent must also respect your personal safety when you are being handled physically. An officer may ask to pat you down or search your vehicle, if they have reasonable suspicion, but as long as you are cooperating with the officer, any form of physical injury or abuse is unacceptable.
You have the right to remain silent.
Anything you say, even before the time of your official arrest, can be used to incriminate you in a court of law. The safest questions to answer when you are pulled over are your name, your address, and your date of birth. If you feel uncomfortable answering any of the questions the office asks you, calmly and politely tell the officer that you choose to remain silent. Your passengers may also exercise their right to remain silent.
You or your passengers may ask the police officer if you are free to go or if you are under arrest. If the officer states that you will be arrested or that you are not free to go, you have the right to remain silent until you consult with your attorney.
You have the right against illegal search and seizure.
If police suspect you have a weapon, they may pat you down. Beyond that, you have the right to refuse consent to search you or your vehicle. Refusing consent to search does not give law enforcement probable cause. But, it is important to remain calm and polite at this point, because officers who perceive your tone of voice as threatening or defiant, may try to use this as probable cause to get around your refusal for consent.
In any case, remaining calm and non-violent will ensure your personal safety and the safety of your passengers. If you feel any of your civil rights have been violated when stopped by a law enforcement agent, think quick and call Blick! Our expert criminal defense attorneys are here to help. Get a free case evaluation by calling 888-973-2776 today!
Posted in Blog, Criminal Law
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Possession of Marijuana
Possessing cannabis within the state of Florida is illegal. This is a common and well known law, yet, what exactly happens when you are arrested for possession of marijuana? There are several things that can, may, and perhaps will happen after you are charged with possession, and several punishments that you may face.
First of all, it matters how much marijuana you have on you at the time of your arrest. This is what makes the difference between a misdemeanor and a felony. If you possess under 20 grams, you will be charged with a misdemeanor; if it is over 20 grams, you will be charged with a third degree felony. However, in the legal systems, you are innocent until proven guilty.
There are several defensive approaches to take when charged with possession of marijuana, but some of the more common ones are:
illegal search and seizure,
constructive possession,
medical necessity,
lack of knowledge,
overdose defense, and
temporary possession
Many of these defenses have the ability to protect you from being charged with possession when you truly are not guilty. For example, it is possible that the law enforcement officer may have exceeded his available power, and either required you to or coerced you to submit to a home, body, or vehicle search, which is an illegal search and seizure. Or, if you were driving someone else’s car and were found with weed in the glove compartment, you can defend using constructive possession and state you cannot be charged for something you didn’t even know was there.
However, if the charge does stick, there are several punishments that you can be assigned depending on the severity of the crime. For the felony charge, a judge can sentence up to five years of probation, five years in prison, a fine up to $5000 dollars or any combination of the three. For a misdemeanor possession charge, you may face up to a fine of $1000 dollars, one year of probation, one year in jail, or any combination of the three. Also, in the case where you are convicted of possession of marijuana in the state of Florida, your driver’s license or privilege to drive will be revoked by the Florida DHSMV for one year.
If you are ever charged with possession, these are a general overview of the consequences of such an occurrence and ways that you may proceed to hold a defense against the charge. Here a Blick Law, we pride ourselves on helping the hurting, so if you or someone you know is ever in need of legal advice in regards to possession or any other case, feel free to give us a call at 813-931-0840 for a free consultation.
Posted in Blog, Criminal Law
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Life After Bankruptcy
By Moneer Kheireddine
For those with debt, bankruptcy can seem like the worst case scenario and something you would never want to put yourself through. However, others may see it as a fresh start or a new beginning on your financial life, which you haven’t been able to get a hold of. In truth, when you file for bankruptcy you should expect a very large change to occur in many parts of your life, and know that the struggles you will go through are simply steps on the path towards recovery.
Your life after bankruptcy will take some getting used to. Getting loans, a credit card, or anything else financially related will be very difficult. And when you finally are able to receive some form of credit, your interest and the fees you pay will be out of this world. However, there is still hope! While bankruptcy will remain on your credit report for ten years, rebuilding credit is the first step to getting back on the track to redemption and moving past this point in your life.
However, filing bankruptcy can have affects you never even expected. Since everyone that has any sort of financial relation to you will check your credit report, you may see different aspects of your life effected from bankruptcy. You may see your insurance go up, you may be declined from employment because of it, or your place of employment may become notified. Your life will encounter drastic changes, and some will be more difficult to cope with than others.
However, not all is lost. Your life isn’t over, we are here to aid in this process! We here at Blick Law Firm believe it’s simply an admittance of need. Sure, things will become more difficult, but it is nothing that you cannot overcome, and Blick Law is here to help you through it with legal advice, counseling, and any other form of assistance you may need. We treat our clients like family, and if you find yourself needing helping when you are going through this tough time, know that we are here to offer a helping hand. Bankruptcy doesn’t mean the end; it simply means it’s time for a new beginning.
Posted in Bankruptcy, Blog, Criminal Law
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DUI | Do’s And Don’ts | Criminal Law Tampa
By: Moneer Kheireddine
Drinking and Driving. Using these two words in a sentence is an ultimate taboo for many Americans, as the long-term consequences and issues that occur from Drinking & Driving can have long lasting effects, both in your life and in others. Many people often drink and drive for a few central reasons; maybe they don’t think they are too drunk, maybe they don’t have another ride, or maybe they don’t want to leave their car behind. However, if people knew the real truth behind drunk driving, the thought of drinking and driving would weigh much more heavily on their heads.
Every 53 minutes in America, someone is killed in a drunk driving crash. That equals around 27 people every day whose lives are lost because someone didn’t want to leave their car behind. In 2011, 9,878 people were victims of drunk drivers. 9,878 families lost someone they loved because a drunk driver didn’t want to pay taxi fare. 211 children were killed in drunk driving crashes in 2010, 62% of which were riding in the car with the impaired driver. Two hundred and eleven children lost their lives because someone in their family did not believe they were “too drunk to drive”. The statistics don’t lie and the bottom line is this; You should never Drink & Drive.
However, we here at Blick Law Firm believe in the saying of which our nation was founded upon; innocent, until proven guilty. There are always exceptions to the rules and we are here to defend your rights as a citizen, and to ensure that you do not receive a DUI that you do not deserve, which may impact your ability to acquire jobs, drive, and ultimately impact your freedom as a citizen. Here are precautions to take in many situations where you may run the risk of receiving a DUI.
- Don’t put yourself in that situation. Don’t drive if you’ve had even one drink.
- The statement of “not feeling drunk” will never work, because of the legal limit being .08% BAC, for a large amount of people you will not feel drink even though you are past the legal limit.
- If an Officer stops you for something other than traffic violations, he may still arrest you on a DUI. You could have been driving perfectly and he pulled you over for a taillight, and if he suspects you may have been drinking he has the right to question you.
- A field sobriety test is a collection of simple tests to try and see if your coordination, balance, and other factors of your brain are impaired by alcohol. This test comes before the breathalyzer, and you have the right to refuse the test. There is no penalty for doing so.
- You have the right to refuse the first breath analysis before you are actually arrested. If you have had even half a drink in the last hour, refuse the test. You may not, however, refuse the second test, which occurs after your arrest. This test either requires a blood test or a breath analysis, and is legally binding.
- Always be kind with the officer, no matter what your personal opinions or beliefs may be. Be careful with how you answer his questions and mindful of the consequences. You are under no obligation to get the officer more information than what is one your driver’s license.
- BAC and alcohol tolerance do NOT go hand in hand.If you can take five shots and feel fine, that does not change the fact that your BAC is way above the normal limit. Don’t assume because your tolerance is high, that your BAC is as well.
In the end, always remember the risks you take if you choose to drink & drive, and that it does not only affect you, but everyone around you as well. One paid cab ride, while seeming expensive and an inconvenience, equals out to much more than the years of fines, grief, and regret that come alongside a possible DUI charge. If you or someone you know ever find yourself in need of legal advice or counseling in regards to DUI’s or any other cases, remember that Blick Law is here to help you every step of the way at 813-931-0840.
Have you ever been the victim of a DUI? Do you have an opinion on DUI laws and how they impact our lives? Share your opinion or story in the comment section below!
Posted in Blick Buzz, Blog, Criminal Law, DUI
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Personal Injury Services | Tampa Law Firm
Written By: Moneer Kheireddine
Generally, most people in the world have a schedule. They have a set way that they do things; their own, personalized, rule of order. Each and every day they follow the same times, the same roads, and the same tasks. This is the reason why we find so much comfort within order. However, this is also the reason why auto accidents tend to affect us to such a large extent. Something entered our lives that broke our normality.
Try to imagine some of your own, personal accidents as a reference to how these people who are victims of a personal injury feel. Remember how you felt when these unexpected occurrences happened in your own life and the confusion and pain you felt as a result. Now, imagine the same accident, but take into consideration the fact that the accident was not caused by you, but by someone else’s recklessness, which directly caused you pain and suffering. The impact that these accidents have on your life can be life altering and detrimental, and in the confusion you may not know who to turn to or ask for help. This is where we come in.
Blick Law Firm is the firm you can turn to in your time of legal need! To us, every client is treated with the upmost care and respect, and we try to help you every step of the way on your road to recovery and return to normalcy. We offer services ranging anywhere from automobile accidents, to slip and falls, medical malpractice, and everywhere in between. If you are injured in any way, give us a call, because we want to help. Our consultation services are at no cost to you, which provides you with an opportunity to receive free legal advice! Call Blick Law Firm today to speak to a trusted personal injury attorney to guide you and your loved ones back on a road to recovery!
Were you the victim of life altering medical malpractice? Think Quick, and Call Blick. Was your friend caught in an automobile accident? Think Quick, and refer them to Call Blick. Did the neighbors Rottweiler get out again and manage to inflict a severe bite wound on you? Think Quick, Call Blick. No matter the situation, no matter the cause, we are here to help. If you, or someone you know, have been the victim of any form of personal injury, our doors are always open. Free consultation is available, and we are happy to assist anyone in their time of need.
Here at Blick, our motto is “Helping The Hurting”, a motto contrived and founded upon helping those who have suffered in this world. We believe that everyone deserves to be treated with decency and respect, and uphold the values of helping everyone who walks through our doors. If you know of anyone who needs help through personal injury, or you yourself are a victim and are in need of assistance, we highly encourage you to at least give us a call at 813-931-0840, or schedule a consultation online at www.BlickLawFirm.com.
Remember, Blick is here to help, no matter the circumstance. If you are ever in doubt, Think Quick, and Call Blick.
Have you ever been the victim of personal injury? Have you found help within the Blick Law family? Do you have an opinion on Personal Injury laws within America? Leave a comment in the comment section below!
Posted in Blog, Criminal Law, Media Releases, Personal Injury
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Neglect in Elderly Care Centers
Written 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….
Posted in Blog, Criminal Law, Personal Injury
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