Category Archives: Criminal Law

Florida Boating Laws

Posted on August 25, 2012 by Blick Law

The waters of Florida are both a national and international resource alike, and recreational boating on these waters contributes to the well-being of both residents and visitors. As a result, boating laws are in place to protect the safety, aesthetics, and future of Florida’s waterways.

Florida law enforcement officers and Florida Wildlife officials patrol the waterways daily to ensure safety and compliance with boating laws. It is important while boating to be aware of the laws regulating waterway use, and be informed of what your responsibilities are.

By law, all watercraft operators are responsible for operating their vessel in a reasonable and prudent manner with regard for other vessel traffic, posted restrictions, the presence of a divers-down flag, and other circumstances so as not to endanger people or property. Non-compliance with the safety rules of the waterways can result in both non-criminal and criminal violations.

In Florida, laws against boating while impaired by alcohol or other drugs are as strict as those for driving a vehicle while impaired. Florida law prohibits anyone from boating under the influence (BUI). That is, it is illegal to operate any vessel or to manipulate any water skis, sailboard, or similar device while intoxicated due to alcohol or any combination of alcohol, a controlled substance, or drugs.

If you have been stopped while boating and need legal advice, call Blick Law Firm today. Schedule a free 15-minute appointment with attorney Michael Blickensderfer. Think quick, call Blick.

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Back to School: Bullying and Child Safety

Posted on August 21, 2012 by Blick Law

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!

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Police Stops, Detained vs. Arrested

Posted on August 16, 2012 by Blick Law

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!

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DUI: Drunk vs. Under the Influence

Posted on July 31, 2012 by Blick Law

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, including alcohol and prescription medication.

Under Florida State Statute 316.193, being under the influence pertains to both alcohol and drugs. Therefore, if you are under the influence of drugs and are in actual physical control of a vehicle, you can 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 will pull drivers over for a number of traffic offenses, even minor ones, and initiate immediate conversation to determine the potential impairment of the driver. To assess the physical signs of impairment, Police will be looking for the ability to maintain eye contact, slurred speech, the smell of alcohol on a driver’s breath, or bloodshot eyes.

Know that your behavior once you’re pulled over is being scrutinized immediately, especially when pulled over late in the evening or after leaving a bar. Therefore, being polite, answering questions respectfully, and not making legal arguments is in your best interest.

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 Tampa Criminal attorney before you submit to any test.

If you are charged with DUI, it is important to seek legal counsel immediately! 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. Attorney, Michael Blickensderfer has 25 year’s legal experience and is licensed in Florida, New York and New Jersey. Blick Law Firm seeks to help the hurting and those in need. Think quick, call Blick!

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Shopping around for an attorney? Choose wisely!

Posted on July 11, 2012 by Blick Law

When shopping around for a Tampa attorney online, many consumers first instinct would be to choose the lowest rates that an attorney will offer. However, going for a cheap rate attorney may not be the best strategy.

In the economy today, competitive advantage makes it easy for a consumer to find the best for the cheapest price. However, when it comes to legal counseling, many times that is not the case.

When “shopping” around for an attorney, cheaper is not always better. Here are a few tips to look for when you are searching the internet for a Tampa lawyer.

1)     Cost. Comparing cost is very important and of course should weigh into your decision making. In this economy, finding an attorney willing to give their clients payment plans, if appropriate can seal the deal when it comes to retaining an attorney.

2)     Experience. Do a little research on the attorney you are seeking and check his background. An attorney has been practicing for one month will more than likely not be as capable as an attorney that has been in practice for 10 years. Having an attorney with experience will add value to your case and will allow the experts to takeover, ensuring you relief in whichever situation you may be facing

Attorney, Michael C. Blickensderfer has been in practice for over 25 years. His experience includes serving as a prosecutor both in Florida and in Long Island. In the past he served in cases dealing with narcotics, Medicaid fraud, and DUI offenses within New York City. He has also served as a Public Defender, practicing criminal law within the felony division in Tampa, Florida. Other legal experience includes real estate, family law, criminal defense, social security and labor law.

Mr. Blickensderfer’s background includes courtroom and trial experience, both in criminal and civil cases.

3)     Licensed. Many times an attorney may practice in more than one state. An attorney that has more than one license is well-versed in legal laws, statutes and legal systems.

Attorney Michael C. Blickensderfer is licensed to practice law in Florida, New York and New Jersey. Having such a diverse familiarity of the legal system allows him to provide his clients with expert knowledge earned through many years of study.

4)     Ethics. When hiring an attorney clients’ seeking to get best results may lean towards a hard, cut-throat lawyer. However, rather than choosing based on commercial ads of what an attorney portrays themselves to be, check resources. Retaining an attorney based on integrity and moral standards may be the wiser choice.

Our Mission: Blick Law Firm‘s mission is “Helping the Hurting.” Grounded as a Christian law firm and following Christian values, the firm strives to not only meet the legal needs of its clients and their families, but also to provide physical and emotional support. We treat each client equally and with the utmost respect, offering high-quality legal representation and counsel to those who need us most.

If you are looking to retain a low-priced attorney, more than likely you will get what you pay for. Be sure to do what is best for you and your situation. Don’t sell yourself short by only considering the financial perspective. Instead, consider the overall situation, such as, the level of experience, morals and values brought to both you and your case by the attorney you choose to retain.

Call Blick Law Firm today and speak with us at 813-931-0840. We offer free case evaluation and want to strive to not only assist with your immediate legal needs, but assist for results that will make for a blessed and prosperous future!

Posted in Blog, Criminal Law, Foreclosure Defense, Personal Injury, Real Estate | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

Driving with a suspended license in Florida

Posted on June 21, 2012 by Blick Law

Effective July 2008, Florida Statutes 322.24 went into effect concerning whether certain offenses for driving while license is cancelled, suspended or revoked are misdemeanors or felonies.

If a driver whose license or driving privilege is cancelled, suspended or revoked and has knowledge of his or her cancellation, they understand they are committing a criminal traffic offense. The following charges are possible:  (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.

If a driver whose license or driving privilege is cancelled, suspended or revoked and has no knowledge of his or her cancellation, they understand they are committing a non-criminal traffic infraction, unless he or she is a Habitual Traffic Offender (HTO).

*If a driver whose license or driving privileges is revoked as a Habitual Traffic Offender , they are guilty of a third degree felony.

The penalty of driving with your license suspended, whether you have knowledge or not, holds serious consequence(s).

Hiring a Criminal Defense attorney may be beneficial for you. An attorney helps you check your record and assists you in sorting out your license issue(s) to get you back on the road as soon as possible. Contact Blick Law Firm today if you find you have been charged due to driving with a cancelled, suspended or revoked license in Florida.

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