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.

What you don’t know can get you arrested

You are likely already aware that the police set up road blocks from time to time to catch drivers under the influence of alcohol. However, what you may not be aware of is the regulations the police must follow to perform road blocks.

Understand these procedures and protect your rights:

Be Aware

• The police must announce the vicinity and time of road blocks in advance. You can find these notices in your local paper. In addition the police must set up a ‘Last Chance Warning’ notice giving you the opportunity to make a U-turn and avoid the road block. If you have had even a single drink you would be best suited to heed this warning and avoid the roadblock, however please note that the police will be watching for this activity.

Start Counting

• Before the road block is established, police are not only supposed to announce them by law, but also are required determine the number of cars they are going to stop (e.g. 1 out of 10) that night. If the on-duty officer decides to deviate from their set plan and isn’t being consistent with the number of cars they’re stopping, your case may be thrown out.

Arrests at Road Blocks

• You are legally permitted to decline a field sobriety test, and due to the unreliable nature of these exercises, we recommend declining whether you have been drinking or not. You may still be arrested based on ‘officer observations’ and asked to take a breath test which you are legally required to take. However, we recommend immediately requesting a blood test as well to validate the results. Even if you score a zero and no alcohol is detected you won’t be un-arrested and charges will still be filed.

Road Block Peak Times

• Be aware that holidays and other big events are when road blocks are most likely to occur. For example: St. Patrick’s Day, Mothers/Fathers Day, Labor Day, Independence Day, Easter, or Superbowl Sunday.

Wolf Pack

• This is not a road block, but there are times when extra police saturate an area with the intent of pulling over people that have been drinking. Some police may be sitting in bar/restaurant parking lots waiting for people to leave and then find a reason to pull them over, such as a tail light, going over the speed limit, or rolling through a stop sign.

Anytime you are planning on driving, your safest course of action is to avoid any drinking at all, and if you do drink, have a designated driver available.

Even if you don’t feel intoxicated, your blood alcohol level may still be above the legal limit.

The penalty of refusing a breath test

If your test results show that you’re at a .08 or above, your license can be suspended for 6 months, but you may be eligible for a hardship license after 30 days. However, refusing a breath test may result in a suspended license for up to a year and you will not be eligible to apply for a hardship license for 90 days. In addition that refusal can be used as evidence against you, further if you have past refusals from other arrests, your refusal may be added as an additional charge.

Contact Bianco & Mansfield at 727.843.0097 for a free legal consultation.

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

Dog Attack Injuries Can Have Serious Consequences

Dog attacks can happen to anyone when least expected and can cause serious and permanent injuries and disfigurement.  The extent of your injuries and the long term associated costs are not always immediately apparent.  It is important to understand your rights and the steps you should take if you or someone you care about has been bitten or otherwise injured in a dog attack.  Don’t take risks with your future – seek advice from an experienced personal injury attorney

Understanding Florida Law Related to Dog Attacks

Under Florida Law a dog owner is liable for all injuries and damages that occur as a result of the actions of their pet if the injured person is in a public place or is legally on private property including that of the dog owner.  This is true regardless of whether the dog has a history of aggressiveness or whether the owner is aware of risks posed by the dog. 

There are exemptions to this liability. If the injured party is found to have teased or injured the dog or has attacked the dog’s owner or family of the owner there is no owner liability. Another exemption is if the injured person has ignored appropriate and clear warnings by the owner.

What You Should Do If You Are Bitten or Attacked by a Dog

Get medical attention for your dog attack related injuries: Your first priority is to seek appropriate medical attention. Even if you believe you are not seriously injured you should go to an emergency room and be evaluated. It is possible that a rabies shot may be necessary of the owner cannot demonstrate that the dog has been vaccinated or it you are not aware of who owns the dog.  Keep all paperwork and receipts for evaluation, testing, and treatment.

Obtain dog owner and witness contact information:  Get the name and address of the owner if possible as well as insurance information and dog license information.  Also get contact information for any witnesses to the incident. Witnesses can be extremely important and helpful to your case.

Take photos related the dog attack incident: Take photos of your injuries and clothing as well as any other relevant areas of the scene of the incident. For example if you are attacked while legally on the dog owners property, take pictures of the area to demonstrate that no warning signs were present. Cell phones can be useful for taking photos.

Report the dog attack to authorities:  You should report the dog bite to the police as well as to animal control where appropriate. You may be a dog lover yourself or know the dog owner and hesitate to report the incident. But in order to protect your rights this is an important step.

Contact an Attorney:  As soon as possible contact an experienced personal injury attorney. They can assess the particular circumstances of the dog attack incident and provide you with guidance regarding options and steps you should take. They can also help with referral for treatment.

What Not to Do if You Are Bitten By a Dog!

Do not sign any documents provided by any insurance company, the owner of the dog, or a landlord or property owner. It is inadvisable to even speak to an insurance company until you have had the advice of an attorney.

If You Have Been Bitten or Attacked by a Dog Call for a Free Consultation 

Bianco and Mansfield – Personal Injury Attorneys – New Port Richey

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.

When it happens to you or someone you care about!

Most drivers witness car or other vehicle accidents or their aftermath almost every day.  But if you or someone you care about is personally involved in an accident it can be an extremely traumatic event.  Accidents are always unexpected and resulting injuries, insurance processes, and concerns about legal liability and financial impacts can leave you feeling overwhelmed and confused.

Knowing the steps you should take when involved in an accident ahead of time can prevent mistakes that may have long lasting consequences, particularly if serious injuries are involved or are identified later.

Some important steps to take if you are involved in a car accident!

Medical Evaluation and Treatment:  Your first priority is to seek appropriate medical evaluation and attention. Often injuries are not apparent at the time of an accident. If you are unsure about the extent of your injuries seek a medical evaluation as soon as possible. 

Accident Report:  Contact your insurance company and file a detailed accident report as soon as possible. Do not speak to insurance companies of others involved in the accident until you have received the advice of your insurance company and an attorney.

Contact an Attorney:  Don’t hesitate to contact an attorney experienced in vehicle accident cases and personal injury law for advice.  An attorney can provide counsel regarding who to talk to and who not to talk to and provide support so that you can focus on recovering from the accident. An attorney may be able provide you with referrals for medical evaluation and specialists.

Empower Yourself and Your Attorney:  It is important to gather as much information as possible immediately after your accident and on an ongoing basis. Seek assistance from family members or trusted friends if you are unable to take some of the following steps yourself.

• Take pictures or videos of the accident scene and any damage to all vehicles involved.  Camera equipped cell phones can be very useful here.
• Take pictures of your injuries if applicable.
• Get a list of all witnesses with contact information such as name, address, and phone number.
• Write down any relevant details about the circumstances of the accident as soon as possible.
• Keep copies of the results of medical evaluations and treatment as well as bills and receipts.
• Keep copies of vehicle repair estimates, bills and receipts, as well as value of a total loss if applicable.
• Keep a record of any and all lost time or wages at work

If you are reading this after you have been involved in an accident and did not take some of the steps above.

• Take pictures of your injuries now.
• Take pictures of any vehicle damage.
• Collect and/or write down as much of the information indicated above as possible.
• Contact an attorney right away.

At Bianco and Mansfield we understand how devastating involvement in a vehicle accident can be. By taking the steps above and contacting an experienced vehicle accident and personal injury attorney as soon as possible you can receive the counsel and representation you need so that you can focus on recovering and getting back to your life.

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

Most drivers will at some point in their lives be pulled over for a traffic offense. We expect the inconvenience and cost, and perhaps the need to take a defensive driving class.  But there are a number of things you should know that can help you reduce or avoid these and other more serious consequences.  Here is our top 7 list of things to know:

What to Do When You’re Pulled Over

Your behavior and attitude when you are pulled over for a traffic stop can greatly impact the outcome. Always be polite and cooperative no matter how you actually feel. When asked questions, be honest or say nothing. The officer is not required to read you your Miranda Rights but anything you say can still be used against you in a court of law.  An officer may be generous and reduce the severity of an infraction. However, if you contest the ticket the initial charge can be reinstated.

What Paying Your Ticket Means

Many people don’t know that when you pay a traffic ticket it is an automatic admission and adjudication of guilt that is entered into your record.  This information can then be used in future cases and it can also be used by insurance companies to make rate determinations. So while just paying your traffic ticket may make sense for parking and other very minor violations, you should consider the potential consequences of paying a ticket for violations such as speeding or running a traffic light or stop sign.

Civil Tickets and Their Potential Consequences

Offenses such as speeding (20mph or less over), running a red light or stop sign, careless driving, or failure to yield are considered civil (non criminal) offenses. However, this doesn’t mean that you simply pay a fine and the consequences end there. These infractions add points to your record and can ultimately result in the suspension of your driving privileges. This can obviously have a very negative impact on your ability to work or engage in other critical functions. Since you don’t know what future violations you may be involved in or how easily they may be challenged, you should always consider challenging current violations to avoid or reduce points and fines. An experienced attorney may be able to have your fines and points reduced or even eliminated.

Criminal Traffic Offenses

You may be stopped for a relatively minor civil traffic infraction and then find yourself being charged with a criminal offense. The most common criminal offenses resulting from routine traffic stops include:

• Driving with a suspended license - Often drivers don’t even realize that their license has been suspended perhaps due to failure to pay a previous ticket. This can result in an extension of your license suspension and even jail.
• Not wearing corrective lenses when your license includes this restriction - This offense can be considered criminal. If you rear end someone and are not wearing required corrective lenses this minor accident can also become a criminal offense. 
• Having the wrong tag on your car - If the registration tag on your car does not match the car’s VIN number this can be considered a criminal offense.

If you are charged with a criminal traffic offense you should always be represented by an attorney.

Felonies Resulting from Traffic Offense Stops

Being pulled over for a minor traffic infraction can result in the discovery of evidence that leads to a felony charge. Examples include the discovery of a gun without a concealed weapon permit, other illegal weapons, drugs, or other contraband. Even if the reason for the traffic stop was a mistake it can still lead to felony charges if the officer had probable cause. You should not give permission to have your car searched but if officer decides to search anyway you should politely request that the officer make a note indicating that you declined permission to search.

If you are charged with a felony related to a traffic stop or any other reason it is imperative that you contact an attorney immediately.

If You Have Been Drinking

The presence of alcohol in your system can result in serious DUI Charges. You are permitted to decline a field sobriety test without consequence. You are, however, required to take a breath test but if you fail it is advised that you demand a blood test immediately (if this test is not provided the breath test can be declared invalid). At the first opportunity make a report of who you interacted with and what you were doing prior to the arrest and also note any mechanical issues or other factors that could account for the appearance of erratic driving.

DUI charges are a serious matter that require representation by an experienced DUI Attorney

Finding the Right Attorney

The most important decision you will make if you have been involved in a traffic violation is the choice of an attorney with experience in all facets of traffic law and the related consequences that may result from a traffic violation. Frank Bianco and Declan Mansfield are highly experienced attorneys that will work directly with you right from your very first free consultation and throughout the legal process. We’re located right here in New Port Richey in Pasco County and are committed to aggressively defending your rights.