Category Archives: Criminal Law

Criminal Arrests Tampa

Posted on June 6, 2013 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.

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 May 22, 2013 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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ABC Action News Coverage Criminal Defense Attorney Tampa

Posted on May 21, 2013 by Blick Law

Today’s story is brought to you b_MG_0888y Mahayana Sfeir, Bilingual Marketing Liaison.

“Helping the Hurting” is an amazing mission statement that really impressed me when I first came on board to the Blick Law Firm family. I call it family because it is really how they make you feel as soon as you step foot inside their office. As a Christian woman myself, I instantly connected with the Blick family.

Their relentless commitment to helping their clients goes above and beyond any law firm I have ever encountered.   When I tell you that attorney, Michael Blickensderfer will many times pray with his client,  it is a true statement. Their work and passion comes from the heart, it is not about the dollar amount, although it is a business and they have to diligently run it, compassion is really what makes them unique and successful. Clients are inclined to refer and make us their attorney for life.

More recently, we were blessed to have had the opportunity on Thursday May 16 2013, to receive a call from ABC Actions News journalist Alison Morrow requesting attorney, Michael Blickensderfer to discuss recent legal ramifications on a local breaking news story: A Lutz man accused of murdering his unborn fetus faces federal charges because Florida state law would not have considered the baby “viable”. 

Our team was more tReporter Alison and Mikehan thrilled for Blickensderfer, who has more than 25 years legal experience and is a former prosecutor and well versed in criminal defense.  To be able to share his expertise with multimedia journalist Alison Morrow from ABC Actions News from the marketing aspect of what we are trying to accomplish, was a true blessing.

 

Although short notice, Blickensderfer did an excellent job with the interview and appeared very comfortable in front of the camera, so our job becomes a whole lot easier! Alison Morrow was very accommodating to Blickensderfer and her questions about the story aimed at the severity conviction charge the man may face and the difference between state and federal laws. Check out some footage behind the scenes here:

Over all, the dynamic of the office is an extraordinary environment to work at. It is based on Christian values, integrity, loyalty, contagious optimism and cheerful ambiance. These are all traits that are instilled on every employee, which is a recipe for immediate success.  I would like to end with an inspiring scripture from the bible:

“Now all glory to God, who is able, through his mighty power at work with us, to accomplish infinitely more than we might ask or think.” (Ephesians 3:20, NLT)

Think quick, call Blick! 813-931-0840. www.blicklawfirm.com

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Sealing and Expunction: Application to Remove Criminal Record

Posted on May 10, 2013 by Blick Law

The consequences for being arrested and charged with a criminal offense extend beyond just the criminal penalties associated with the particular charge; they can also impact your job opportunities, reputation in the community, future earnings, and can even affect personal relationships. In the information age we live in today, details about arrests, charges, and even convictions are readily accessible to the public at large….even if the charges were ultimately dropped or dismissed!

As a remedy for first time criminal offenders, expunction and sealing are available to remove the traces of certain criminal charges. Florida Statutes 943.0585 and 943.059, set forth the criteria that must be met in order to be eligible to have an adult criminal history record sealed or expunged.

It is important to consult with an experienced attorney regarding any questions you may have relating to sealing and expunction, and whether these options are available for your particular situation. Certain offenses are not eligible for expunction; likewise, there are specific guidelines relating to the entered plea and final disposition of the criminal matter that may prevent eligibility for sealing or expunction.

If you or a loved one have been arrested or charged with a crime, have had criminal charges dropped or dismissed and would like to seal or expunge the criminal record, call Blick Law Firm today at (813)931-0840. Think quick, call Blick.

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Driving with License Suspended

Posted on April 15, 2013 by Blick Law

Everyday Florida drivers get behind the wheel unaware that their driving 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.

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 a Habitual Traffic Offender.

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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DUI Driving Consequences

Posted on April 5, 2013 by Blick Law

On a daily basis, Florida drivers receive DUI’s and face obvious and hidden consequences that can have a wide reaching personal impact. When a person is charged with a DUI, the consequences may include:

  • 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.

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, including alcohol, illicit drugs, and even 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 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 an 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.

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