Category Archives: Criminal Law

Juvenile Crimes in Florida

Posted on September 20, 2012 by Blick Law

In Florida, persons under the age of 18 are considered minors and tried as juveniles for crimes they commit rather than as adults. The distinction in Florida, as in all states, is made to separate offenses perpetrated by those under a certain age determined as the age of majority. In certain cases, the court will still sentence a juvenile as an adult depending on the severity of the crime committed.

In contrast to the objective to punish adults for their crimes, the state seeks to rehabilitate juveniles and prevent future misconduct. With the focus of juvenile justice set on rehabilitation, the courts seek to assist minors in functioning properly in a normal adult society. However, many juveniles face strict sentences for their crimes, and often times detainment of the juvenile can last for extended periods.

Many people expect juveniles to receive a slap on the wrist for their offenses, but courts often times attempt to deliver a strong message to youths in order to enforce a positive awareness of the consequences of their decisions.

If your minor child has been arrested for a crime and you have questions or concerns about their rights, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.

 

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Driving with a Suspended License

Posted on September 14, 2012 by Blick Law

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 Habitual Traffic Offenders.

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.

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Tampa Bay Red Light Traffic Camera Fines

Posted on September 11, 2012 by Blick Law

In 2010, the legislature passed the Mark Wandall Traffic Safety Act, named after a Bradenton man who was killed by a red-light runner in 2003. The Act authorized the use of Red Light Cameras to record footage of motorists running red lights and then issuing violators a traffic citation accordingly.

Conflicting studies on the effectiveness of the Red Light Cameras have produced inconclusive results, but proponents of the cameras insist that the legislation saves lives. However, Florida drivers across the state have fought against the constitutional validity and overall effectiveness of the cameras asserting that the purpose of the cameras is solely to increase government revenue.

Nonetheless, Courts across the state have upheld the validity of the legislation and are enforcing the fines against drivers found in violation. Each ticket is a hefty $158, but no points are assigned to the driver’s record.

If you have been issued a citation for violating a photo enforced red light and have questions concerning your rights, call Blick Law Firm today at (813) 931-0840 to schedule a free 15-minute consultation with attorney Michael Blickensderfer.

*** For your reference: the following link is a map of all red light camera locations in the Tampa Bay Area, provided by my Fox Tampa Bay.

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Florida Domestic Violence Awareness

Posted on September 6, 2012 by Blick Law

Domestic Violence is a serious criminal offense that occurs frequently in Florida, and the sensitive nature of the offense is sometimes diminished by a misconception that it is often falsely reported. However, the U.S. Department of Justice, Bureau of Justice Statistics considers Domestic Violence to be one of the most chronically underreported crimes, and according to reports it is estimated that 85 % of Domestic Violence victims are women

Domestic Violence is statutorily defined in Florida as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”

Incidents of Domestic Violence effect Floridians daily, and according to the Florida Coalition Against Domestic Violence, the following Domestic Violence statistics took place between 2010 and 2011 alone:

  • 113,378 crimes of domestic violence were reported to Florida law enforcement agencies resulting in 67,810 arrests.
  • Florida’s certified domestic violence centers provided 477,489 nights of emergency shelter to 15,789 survivors of domestic violence and their children.
  • Advocates created 87,474 tailored safety plans, provided a total of 484,950 hours of outreach and counseling services, and answered 130,393 domestic violence hotline calls from individual seeking emergency services, information, and safety planning assistance.

Domestic Violence continues to be a growing problem that effects all genders, all races, and all ages. Additionally, the effect on children who witness incidents of Domestic Violence is extensive; and families must be made aware of the trauma, and life altering consequences that can occur due to exposure to Domestic Violence.

If you or a loved one have been a victim of Domestic Violence and need help, call Blick Law Firm today at 813-931-0840. Schedule a free 15 minute consultation with attorney Michael Blickensderfer.

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Motor Vehicle Searches in Florida

Posted on September 5, 2012 by Blick Law

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.

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Republican National Convention 2012

Posted on August 30, 2012 by Blick Law

As host to the Republican National Convention, Tampa Bay has the national spotlight shining brightly throughout the city. Reports suggest that with the mass influx of people, crime rates have actually gone down considerably. This trend is being attributed to both the added force of 4,000 law enforcement officers that were brought in to maintain the peace and the recent downpour of rain brought by Hurricane Isaac.

Nonetheless, people have taken to the streets to voice their opinions and protest various issues. Protestors have reportedly been peaceful and though only a few arrests have been made, it is only midweek and it is important to be aware of the potential violence that can occur.

Originally, city officials worried that the riots that took place last year in St. Paul, Minnesota, at the Convention would repeat themselves here in Florida. Last year in St. Paul, thousands of protesters packed the city and hundreds were arrested during the Convention’s first day and hundreds more on its last. Some smashed cars, punctured tires and threw bottles in a confrontation with police. Fortunately, violence has not tainted the peaceful assembly of concerned citizens here in Tampa.

Ultimately, protesters can say and do whatever they want as long as they don’t cross the line into criminal behavior. Behavior such as: carrying weapons, fighting, physically opposing police officers and/or concealing your identity is illegal and may lead to arrest and other criminal consequences.

If you have questions about your Constitutional rights or are concerned about the potential dangers of protesting and getting arrested, call Blick Law Firm today at (813) 931-0840. Schedule a free 15 minute consultation with attorney Michael Blickensderfer today. Think quick, call Blick!

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