Having your belongings seized by law enforcement

You don’t have to be arrested or even convicted for your property to be seized by police. There only needs to be suspicion that your car or home is being used in an illegal manner, such as for drug trafficking or grow/lab purposes, for them to take it away from you. In addition to your house and auto, other properties that are up for grabs are your cash, firearms, and your business. Agencies that can practice civil asset forfeiture on Federal and State levels include the FBI, FDA, IRS, United States Marshals, highway patrol, and local police.

Asset forfeiture is most commonly used for enforcement of drug, prostitution, and shoplifting laws. Once this has been done, it falls onto the owner to prove that their property was not being used illegally. This is obviously very difficult to do without an attorney. Additionally, you may have to pay a non-refundable bond of up to 10% of the value of the property in question. This proves impossible for people who have already had their cash taken away.

Forfeited property can be used by law enforcement in several ways. They can:

• Sell it at auction
• Use them (house or car) for undercover purposes
• Paint your car and convert it into a police cruiser

Most legal jurisdictions require that enforcement officers give the owner of seized property a receipt, as well as a copy of their search warrant. Records that are kept by police or other law enforcement agencies holding the property should identify you as the owner, the estimated value of what was taken, and describe the property adequately to later identify it.

If your property has been seized as a result of civil asset forfeiture, call the attorneys at Bianco & Mansfield immediately.

Did you know that 1 out of 2 drivers in Florida are uninsured or under insured. If you are in an accident, your uninsured motorist coverage will cover you in the event that the other driver has inadequate coverage. Do not rely on the assumption that you can sue the other driver. In reality, this may take a long time and drivers without insurance will not likely have the resources to pay, should you win the case.

There are two kinds of uninsured motorist:

• Stacked: The coverage of two vehicles you own will combine if one car is involved in the accident (50K for each car, you have 100k of coverage).
• Unstacked: Each car is covered separately.

Insurance companies will often tell you do not need uninsured motorist if you have medical insurance. However, hospital bills from an accident can quickly exceed medical coverage allowances, and you will receive nothing for pain and suffering, therfore combining with uninsured motorist is strongly advised. 

If you have been in an accident and you and/or the other party do not have uninsured motorist coverage, contact your attorney first. 

Do not discuss anything with your insurance company or the other driver’s insurance company without an attorney. We will review both policies and verify the coverage levels in each party. By doing this, we can make sure you get what you are entitled to and every base is covered.  The attorneys at Bianco-Mansfield will represent you against the other driver to be sure that you receive any and all compensation possible. 

We review things that are commonly overlooked.  For example, did you check the ‘reject uninsured motorist’ coverage box? If you declined uninsured motorist but your insurance company cannot prove that you formally rejected it in writing, you may still be eligible for coverage. 

Rest assured that in the event that an uninsured driver injures you in a car accident, they do not get off just because they do not have insurance. Your insurance company will pursue them and may put a lien against them for the amount. If they do not satisfy the lien their license may be suspended. If you were not responsible for the accident, your insurance premium should not go up just because you needed the uninsured motorist coverage.

Bianco-Mansfield has been serving the community for more than 20 years.  We will work directly with you from start to finish. 

Learn More about what Bianco and Mansfield can you for you if you have been injured in a car accident.

You Are Permitted to Decline a Field Sobriety Test

While you are under no obligation to perform a field sobriety test. Refusing a field sobriety test will not affect your license. If you are forced to do the field test, your rights are being violated. Always remember that your conduct and attitude are very important when declining this test. Remain polite at all times be aware of what you say. For example, simply admitting that you’re taking certain prescription (e.g. Valium, Ambien, Percocet, OxyContin) or over-the-counter medications (e.g. Benadryl, Dimetapp) may put you in DUI violation. Remember, even small amounts of alcohol can compound the impairment abilities of these drugs.

If You Fail a Breath Test

You will, at a minimum, be required to submit to a breathalyzer. Legally, you have the right to have the arresting officer take you to the hospital to have your blood alcohol level (BAL) tested. If you are not allowed to submit yourself to a blood test, the breath test may be declared invalid. Remember, the cost of a blood test will be yours to bear and the officer is not required to disclose this right to you. Next, note any mechanical issues with the car that could account for erratic driving and have them validated by a mechanic as quickly as possible. Then, write down what you were doing and who you interacted with before the arrest.

Enhanced Penalties Can Be Up To $5,000 in Fines and 5 Years in Jail

Penalties will vary depending on past violations, how far apart they are, and how high your BAL is. They can range from 50 hours of community service to imprisonment. You may also lose your license or have your vehicle immobilized. The attorneys at Bianco-Mansfield can help you reduce your penalty. You have a right to request a formal review in front of DMV hearing officers. But you must request the hearing within 10 days; otherwise, you waive that right. We have 20 years of experience helping people in Pasco and surrounding counties with DUI arrests.

Learn more about what you should do if you get arrested for DUI or

Speak to an Attorney Today!

When a loved one dies, particularly if the death or injury leading to death was sudden, the resulting grief and shock can be overwhelming. It may be weeks or even months before the shock recedes to the point where it is realized that the death may have been caused by negligence and could have been prevented.

Vehicle and boating accidents are the most frequent causes of preventable unexpected deaths along with accidents that occur due to the failure of a responsible party to take proper safety measures. Unfortunately, due to our natural emotional reactions, delays in recognizing that negligence may have been involved can prevent families from receiving full and just compensation from negligent parties, often leading to long term financial consequences and hardship.

Simple Steps You Can Take in the Event of a Wrongful Death

Knowing the basic steps you should take after a loved one dies or is seriously injured due to an accident can allow you to help protect the rights of you and your family, even during emotionally difficult times.  These simple steps should be taken regardless of whether you already believe that negligence was involved.

Start a log of events:

Make a dated list of events that occurred prior to, during, and after the accident to the best of your ability. The shock following a death or serious injury will make it hard to remember important event details later.  Include things like what happened, who was there, any police or emergency response involvement, calls or correspondence received by insurance companies, etc.

Collect documentation:

Select a place to file or collect any correspondence or reports. If possible get contact information of anyone involved in the accident and any witnesses. If any pictures were taken of the accident collect these as well. Request and keep any police or other investigation reports. Also make and keep copies of any newspaper articles or articles from the internet relating to the accident.

Get experienced help:

The most helpful step you can take after the death or serious injury of a loved one resulting from an accident is to seek counsel from an experienced attorney you can trust. Your attorney will discuss the case with you and provide you with the guidance and help you need during a difficult time. Do not sign any documents without the advice or presence of an attorney!

Protect Your Rights

Under Florida’s “Wrongful Death Act” survivors of a death resulting from negligence may be entitled to compensation for lost support and services, pain and suffering, burial costs, and other compensation depending on the circumstances of the case and the relationship of the survivor(s) in question to the deceased.

While only time can ease the pain of losing a loved one, taking the simple steps above can help protect your rights and potentially prevent future financial hardships.

For a No-Cost Consultation to Discuss a Death Due to Potential Negligence

Call Bianco and Mansfield

Picture credit: Suncoast Pasco News

The principal at Bayonet Point Middle School arranged for an Army National Guard crew to land its UH-72 Lakota helicopter on the school field for an assembly that marked the end of Red Ribbon Week, an event designed to help prevent drug abuse.

Captain Jeanette Kingsley was part of all the excitement. Jeannette is the daughter in law of Linda Kingsley, the office manager at Bianco & Mansfield. She, along with other members of the Army National Guard crew, explained their mission, helped answer questions the students had and let them peer inside the aircraft.

It was a great learning experience for the students and we at Bianco & Mansfield are very proud of Jeanette’s service to the community.

You can read the full article in the Suncoast News here.

Traumatic injuries occur suddenly and often severely impact the lives of those who suffer the injury as well as the lives of family and friends. High quality immediate treatment and ongoing treatment, care, and rehabilitation are critical to minimizing the lifelong physical and emotional impacts of a traumatic injury.

In addition to the physical and emotional cost, the financial impact of a traumatic injury can be devastating.

Types of Traumatic Injuries:

Traumatic injuries result in severe physical damage and are caused by something external to the injured person. In other words they are not caused by a genetic condition or a disease, although a traumatic injury can produce secondary disease or disabling conditions.

Common examples of traumatic injuries include:

• Loss of Limb
• Burns
• Brain Injuries
• Permanent Scars
• Broken Bones
• Back Injuries (even those that do not require surgery)
• Any permanent injury that will impact the rest of your life.

Important Steps to Take if You or a Loved One Has Suffered a Traumatic Injury

The days and weeks after suffering a traumatic injury can be frightening and overwhelming. The first critical concern is the preservation of life and limb. However, it is important to realize that in many cases the key to long term recovery, both physically and emotionally, is access to quality long term treatment and/or rehabilitative care. Traumatic injuries also frequently prevent or limit the ability of the injured person to work. By taking the right steps you can improve your ability to access the care and services you need.

Here are some important things to do after suffering a traumatic injury:

• First seek a medical evaluation and treatment from respected medical professionals.
• If you are uncertain of the extent of your injuries always get a medical evaluation. This can identify injuries you are not fully aware of and also provide valuable information should symptoms appear later.
• Head injuries may result in delayed traumatic effects including memory loss, depression, and mood instability. If you have suffered a head injury, unconsciousness, or a concussion you should seek immediate medical attention.
• If non-emergency surgery or another non-emergency high risk procedure is recommended ask for a second opinion.
• As soon a possible contact an attorney experienced in traumatic injury cases. By involving an attorney as early as possible you will receive the guidance, support, and direction you need so you can focus on recovery.
• Keep records and a diary documenting all treatments and your status.
• Take pictures of your injuries on a regular basis, daily if possible.

If you or a loved one has suffered a traumatic injury you may have options that you are not aware of, particularly if the injury was the result of another's negligence. Florida law allows those who suffer traumatic injuries due to negligence to file a personal injury lawsuit to recover compensation for medical expenses, pain and suffering, lost wages, and other financial consequences resulting from the injury.

To Learn More About Traumatic Injuries and What You Can Do to Receive the Support You Need

Call Bianco and Mansfield 

For a Free Consultation Call

727.843.0097

If you are arrested for a Felony within the State of Florida there are a number of vital and essential steps to initially and immediately take to preserve and prepare the defense of your case:

1) Recognize that time is of the essence – the State Attorney, through the Police, is building his case against you.  Every day you wait may cause a critical loss in the defense of your case.

2) Obtain witnesses names, addresses and phone numbers.  If possible obtain dates and signed statements from and all potential witnesses.

3) If appropriate, take pictures of the crime scene, injuries to yourself and any evidence which would help persuade the State Attorney or a Court to accept your defense.

4) Hire an attorney with criminal trial experience.  Ask if they have ever tried a case to a jury.  Ask the attorney to review his / her qualifications to represent you in this criminal matter.  Remember, it is your liberty that may be at stake – would you risk your life with someone not qualified to defend you?

5) Discuss the possible options open to you in your case if you enter a plea such as Drug Court, Diversion Programs, Youthful Offender, Probation, Community Control (know as House Arrest), County Jail and potentially State Prison.

6) Discuss possible depositions of state witnesses, hiring your own expert witnesses, filing various motions to limit or eliminate the charge or charges as well as testimony and evidence.

At Bianco & Mansfield we are both former prosecutors with extensive trial experience.  Please call us for a free consultation.

In the recent past the requirements for admissible testimony for a K-9 drug detection situation in Florida were extremely basic and with limited parameters.  Once a dog alerted the testing was normally admissible as long as a few basic rules were followed.

On April 14, 2011 the Florida Supreme court in Jardines vs State changed the face of requirements not only for the identification by the dog but the actual existence of proof before a dog can even be used at a residence for initial detection.

It has been long established that one had the right and expectation of privacy in your home.  The use of technology has not been interpreted by the Courts to allow greater intrusion to one’s “castle”.  For instance, the use of a thermal imaging unit to detect a grow house will, without further evidence, be considered an unlawful search (see Kyllo v United States 533U.S.27(2001)).

An expectation of privacy, as guaranteed by the United States and Florida Constitutions allows all to be free from unwarranted and unreasonable governmental intrusions.  The government must establish probable cause that facts of a crime or crimes are being perpetrated.  A “dog sniff” is an intrusive procedure and cannot be the basis of probable cause.

The Courts now, even with an acceptable dog sniff, will require proof of the dog’s conditioning and certification programs.  The Courts will also require the proof of the dog’s performance.  (United States Customs will certify only dogs who achieve and maintain a perfect record).  Additionally, the officer will have to demonstrate his own training and knowledge.  The officer will have to prove what the training consists of not just a blanket statement that the dog completed an initial or maintenance training.  Currently there is no uniformity in the certification process of drug detection dogs.  I submit, the Courts will demand proof in the future before the evidence will be allowed to see the light of day in a trial of this nature.

If you wish further information please do not hesitate to contact our office.

One of the areas of concern to our firm in the criminal law is the possession of fraudulent prescriptions for pills. Just the simple possession of the prescription can result in a felony criminal charge. By presenting said script to a pharmacy the receipt of the drugs can result in a separate felony charge and, if enough pills are received, the charge may be enhanced to a charge of trafficking in drugs which carry mandatory state prison sentences as well as high fines.

The misimpression that some clients have is that if the drugs are for personal use they believe the enhancement to trafficking is not applicable. This is entirely incorrect. The simple possession of the requisite amount of pills is sufficient to trigger the trafficking penalties. Intent of what they were to be used for is not considered or a defense in a criminal case.

As Florida has been recognized as being the epicenter of prescription abuse in this country, we can expect the state legislature to react and enact stronger laws carrying stiffer penalties. Local law enforcement appears to be focusing more of their assets on the investigation, identifications and prosecution of Doctors, clinics and pharmacies that allow and participate in the distribution of controlled substances based on fraud. These areas will continue to be in the "news" in the foreseeable future.

Please contact us if you need further information in regard to these areas of concern.