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Injured in a Trucking Accident?

 

Trucking accidents are increasing in Bradenton, Sarasota and Venice, Florida and across the United States.  This is due partially to increased overall traffic on the highways.  Another potential factor is decreased training and less stringent requirements for truck drivers as companies are finding a shortage of available truck drivers.  In addition, due to the lack of truck drivers many of them are on the road for longer hours. 

Trucking accidents make up less than 5% of vehicle accidents involving personal injury.  However, trucking accidents account for approximately 10% of traffic fatalities. This is because there is no such thing as a minor trucking accident.  Trucks are significantly heavier and larger then automobiles, so when a truck hits your car it is not going to be a fender bender. 

Trucking accidents are mostly caused by driver error. The driver was not attentive, was overtired or was under the influence.  Equipment failure such as defective or worn tires and brakes are another cause of these accidents.   Bad weather and poor visibility play significant roles in trucking accidents as well as improper loading.  Lack of training and proper monitoring of drivers are also significant factors.

Due to the great danger that trucks present to automobiles it is best to try to avoid driving too closely behind or next to a truck.  If you are involved in an accident with a truck you should immediately seek medical attention and then call a board certified civil trial lawyer who has experience handling personal injury cases caused by trucking accidents.

What you should not do is talk to anyone before talking to a lawyer.  Trucking companies and their insurers’ are very aggressive and have even been known to send investigators into the emergency room within hours of your accident to attempt to get a statement.  The fact that you are in pain or under the influence of medication will not deter them.  In addition, you should not post pictures or talk about your accident or injuries on social media such as Facebook or Twitter. 

What you should do is accurately report all of your injuries and the cause of your injuries to your medical providers.  You should provide your medical providers with all of your auto and health insurance information. In addition, you should get someone to take pictures with a date stamp of the damage to your automobile, the accident scene and your injuries as soon as possible.

 

Warning to Parents: Be Aware Of Yik Yak

Parents, have you heard of Yik Yak?  If not, you’d better get educated, and fast.  Yik Yak is a new a very popular social media app.  Think of Twitter with anonymity and you’ve got the basic idea.  The other major catch is that Yik Yak is limited to a specific radius, as little as 1.5 miles and, some say, as much as 10 miles.

Why is Yik Yak dangerous?  Because it is the new app of choice for cyber bullies.  It has already shut down schools due to misuse.  Students are hiding behind Yik Yak’s anonymity to make bomb threats, sexually harass others and spread false rumors.  There is no limit to the potential havoc that could ensue.

What can be done?  First, educate yourself.  Go online and read more about this and then sit down and discuss it with your children.  As always, knowledge is power.  Next, encourage your children not to engage in the mayhem.  In my practice I have often seen victims of bullying become accused of bullying when they retaliate.

Where will it end?  The company behind Yik Yak has already agreed to restrict access to a school district in Connecticut.  Encourage the administrators at your school district to do the same.  This won’t stop kids from using the app, but it will stop them from using it at school.

If your child is the victim of cyber bullying or has been accused of this, do not hesitate to contact a qualified attorney.  Whether it is a matter in the juvenile courts or a school disciplinary matter, attorney Mark Zimmerman can help you navigate these complex systems.

12 Men Arrested In Online Sex Sting: Operation Intercept

The Sarasota County Sheriff’s Office has announced arrests in Operation Intercept.  This is the Sheriff’s third online sex sting.  The first thing someone arrested in this sting should do is to consult with and retain a qualified criminal defense lawyer.  What makes a lawyer qualified to handle such a case?  Attorney Mark Zimmerman is a Florida Bar Board Certified Criminal Trial Lawyer.  Only 5-6% of all lawyers are board certified in any area of law.  The number certified in criminal trial law is much smaller.  Make sure to ask whether the lawyer with whom you consult has handled such cases in the past.   Mark Zimmerman has handled online sex sting cases through trial.  If you are reading this on behalf of a loved one presently incarcerated in jail, make sure that they do not discuss their case with anyone other than a lawyer.  Phone calls from the jail are recorded, and prosecutors routinely listen to them to see if people might make incriminating statements.  Also, do not speak with other inmates about your case.  Jails are filled with snitches that will try to use your statements to help them gain an advantage in their own case.  Defense of these cases involve collection of evidence already in existence with the government, the strategic taking of depositions, an analysis of any and all possible defenses, the filing of motions in an attempt to suppress evidence or dismiss the charges and if necessary the trial of the case.  In the event that overwhelming evidence exists, it is important that your attorney be able to effectively negotiate the best possible outcome for you.

Call Mark Zimmerman at 941-364-8503 to schedule an immediate and free consultation regarding your case.

Four Manatee County School Administrators Charged with Felonies in Rod Frazier Case

Four Manatee County school administrators are charged with felonies for not reporting child abuse.  The charges are related to Manatee High football coach Rod Frazier, who was arrested last week on 7 counts of misdemeanor battery and 3 counts of interference with the attendance of a student.   Frazier was accused of inappropriately touching female students. He has since resigned from his coaching job.  The administrators facing charges include Robert Gagnon, a former Manatee County assistant superintendent; Greg Faller and Matt Kane, both former assistant principals at Manatee High; and Debra Horn, who served as the school district’s internal investigator during the Frazier case.   Click here to read the entire police investigation.

The Administrators Could Get More Jail Time than The Coach

The school district employees could each face a 5 year jail sentence for the charge of not reporting abuse.  However, Frazier only faces the possibility of a 1 year sentence for the simple battery charges.  So why is this?  A big reason is a new law passed in Florida after the Penn State sex abuse scandal.  The law, called the Protection of Vulnerable Persons Act,  says that anyone who fails to report suspected abuse faces a 3rd degree felony charges. The law took effect on October 1, 2012 and is one of the strictest reporting law in the nation.

Law Over-Criminalizes Failure to Report

From a criminal defense perspective, the state attorney’s office may have a difficult time prosecuting this in court.  While the new law is meant to protect children from abuse, it’s untested, with almost no case law behind it,  and it overly criminalizes the situation.  For example, if a high school math teacher notices bruises on a student’s arm and reports it, will the other 5 or 6 teachers who saw the student earlier that day, but did not report the bruises face felony charges? The answer is, probably.  But it’s up to the State’s Attorney to use discretion about which cases to charge.

If you’re being investigated by a school district or by law enforcement, contact Mark Zimmerman, an board certified criminal defense attorney with experience representing school employees in Sarasota and Manatee Counties.    

 

 

2 Arrested in Sarasota Pot Bust Called Operation Hammerhead

Sarasota Police arrest 2 men in a pot bust called “Operation Hammerhead.”  Police charged 66 year old Anthony Snead and 38 year old Andy Charlton with possession of cannabis with intent to sell.  Police Chief Bernadette DiPino says the bust came from an anonymous tip that led to a 6 month surveillance operation, including wiretapping phones.   On April 2rd detectives watched Charlton deliver a box to Snead’s home.  That’s when they executed a search warrant and made the arrests.

Probable Cause, Search Warrants, and Wiretaps

Just because the police spent 6 months watching these men does not mean they have a legitimate case in court.  Wiretapping is one of the most legally complicated ways of investigating alleged crime and that’s why it’s rarely used as an investigative technique.  There are too many loopholes that could lead to dropped charges.  Police must follow very strict rules and regulations about wiretapping or the evidence can be considered ineligible in court.  If the wiretap investigation is flawed, then police may not have probable cause to arrest, search, or seize anything.

If you’ve been arrested in a case involving wiretapping or search and seizure, your best defense is to say nothing and hire an experienced criminal defense attorney, like Mark Zimmerman, right away.  Mark has helped clients get charges dropped because the investigation or arrest violated their Fourth Amendment rights.  It’s a complicated area of the law, so it’s extremely important to have a board certified criminal defense attorney like Mark Zimmerman on your side.  To reach mark for a case evaluation, fill out our online contact form or call (941) 364-8503.

 

 

 

103 Arrested in Operation Meal Ticket in Manatee County- Lawyer Explains What To Do Next

Welfare Fraud Arrests in Bradenton

103 people arrested in a welfare fraud sting in Manatee county.  Deputies went undercover to catch people illegally buying or selling EBT cards.  Those arrested are looking at felony and misdemeanor social welfare fraud charges.  It becomes a felony charge if the fraud is over $200.  Starting in January, cops paid cash to people for EBT cards for about half what they were worth.

What To Do If You Were Arrested for Welfare Fraud

The government comes down hard on people accused of welfare fraud.  If you’ve been arrested, it’s important not to speak with anyone until you speak with your attorney first. Defending the people arrested in Operation Meal Ticket is highly technical, so be sure your attorney is qualified to handle this type of complex case.

Criminal Defense Attorney Mark Zimmerman has defended clients charged with welfare fraud in the past and has the experience to aggressively fight these charges.

For more information, contact Zimmerman and Zimmerman at 941-364-8503 or fill out our online case evaluation form.

35 Men Arrested in Manatee County During “Operation Green Shepherd II”

Manatee County Sheriff’s Office arrested 35 men in the second installment of “Operation Green Shepherd.” During the online sex sting, detectives trolled the internet posing as an underage child in an attempt to set up a meeting at a house. The men who arrived at the house were met at the door by deputies who quickly arrested them with cameras filming the whole thing.

The men arrested are being charged with travel to seduce/solicit/entice a child to commit a sexual act, use of a computer to seduce/solicit/entice a child to commit a sexual act, and attempted lewd and lascivious. With this latest sting, the number of men arrested during the last six months in Sarasota and Manatee County for allegedly soliciting sex from a minor increased to more than 100.

Getting Arrested in an “Undercover Online Sex Sting.”

As we’ve seen with the media coverage of “Operation Green Shepherd II,” the names and careers of those arrested are in the headlines. Now a teacher, U.S. Dept. of Defense employee, a youth choir leader, and a nursing assistant have all been labeled “sexual predators” before getting a chance to fight the charges in court. That’s why it’s important to have an experienced criminal defense attorney, like Mark Zimmerman, represent you right away. Mark is a board certified criminal defense lawyer and has a successful record of helping clients beat charges in cases like this. He can tell you exactly where to go from here to protect your rights and will work with you and your family through the entire process.

Your Car Was Seized. Now What.

During Operation Green Shepherd II, deputies confiscated seven cars from those arrested. Legally, officers have to show that there’s a relationship between the crime and the use of the car, but that’s all. The link can be circumstantial to seize the vehicle. Eventually, the courts will explain your rights in a forfeiture case, but that still leaves you without a car. Your criminal defense attorney needs to tackle both the arrest charges and the forfeiture of your car at the same time, even though they are two separate cases. Mark Zimmerman has helped clients get back thousands of dollars in seized property while also defending them in high profile criminal cases.

Mark Zimmerman, Board Certified Criminal Defense Lawyer

With criminal charges pending and your reputation on the line, you need a qualified criminal defense attorney. If you or a member of your family has been caught up in an online sting, you need to get help immediately. Contact Mark Zimmerman at (941) 364-8503 or fill out our online contact form.

Drivers Targeted by DUI “Wolf Packs” in Manatee County

The Florida Highway Patrol used roaming DUI “wolf packs” this weekend to target drivers.  A “wolf pack” is when troopers spread out across a neighborhood specifically looking to make drunk driving arrests.  This weekend troopers patrolled streets in Manatee County neighborhoods from 10pm Friday until to 3am Saturday.  In Florida, a driver with a blood alcohol content (BAC) of .08 or higher is considered impaired.  For drivers under the age of 21, the BAC limit for DUI charges is just .02.

What should you do if you’re arrested for DUI?

DUI arrests are a big deal, you need to take the right steps now and put yourself in the best position possible to fight the DUI you’ve been charged with.  You need to hire a criminal defense lawyer right away to start defending your case.  Here is a list of things your lawyer can do for you:

  • You only have 10 days to challenge a license suspension.  Your attorney can start filing all the legal paperwork needed to try and get your license back.  Your lawyer can also try to get you a hardship permit, if you had a valid license at the time of your arrest.
  • If you took a breathalyzer or blood test, your attorney can try to challenge that test and the results.
  • Your attorney can also try to challenge the field sobriety test, since the results of this test are subjective and based on the arresting officers assessment.
  • What about the reason you were pulled over to begin with?  Your attorney will look at the basis of your traffic stop and may have grounds to fight the arrest.
  • Did they cross the t’s and dot the i’s?  Your attorney should go over every detail of your traffic stop and DUI arrest.  If the procedure was not done correctly, you may have legal grounds to fight that your DUI arrest was invalid.


Criminal defense attorney Mark Zimmerman fights DUI arrests in Sarasota and Manatee Counties

If you’ve been arrested for a DUI in Sarasota or Manatee County, it’s important that you act now. Mark Zimmerman is a board certified criminal defense attorney and former prosecutor for the State Attorney’s office who knows the system and who will fight for you.  Contact Mark at (941) 364-8503 or fill out our online contact form today for a free evaluation of your DUI case.  There is no time to waste.

Sarasota Online Sex Sting- Is it Entrapment?

Another internet sex sting leads to 30 arrests in Sarasota. Sheriff Tom Knight called it “Operation Intercept 2” because it’s the second time in less than a year they’ve set up a sex offender bust. Detectives allegedly made contact online by posing as a minor and arranging a meeting at a house. That’s where deputies lured the men one by one, arresting them at the front door, taking a mug shot photo, and searching them. The sheriff’s office then released to the media a video showing the highlights of some of the take downs.

MEDIA ATTENTION AND A FAIR TRIAL

These arrests are getting intense media attention. It’s a case of appearing guilty before having a chance to prove your innocence. The photos of all 30 men have been blasted on the internet and on TV. Their names and home addresses are listed on websites. The arrest video include sounds of what they’re saying at the moment when several officers are grabbing and cuffing them. It’s very difficult to get a fair shake when you’re facing this type of scrutiny. In this situation, you have to hire a board certified Criminal Defense Attorney, like Mark Zimmerman, who can quickly work to mitigate any damage to your reputation.

WHAT IS ENTRAPMENT?

Entrapment in Florida law is when someone is convinced to commit a crime that they otherwise would not do. Sometimes police use excessive influence or persuasion to get someone to commit a crime. That’s why it’s important for a Criminal Defense lawyer to know what websites detectives were using to communicate with you before the arrest. Your lawyer may find evidence to prove your innocence based on what the undercover detectives specifically said during the chats or communications. What did the detectives do to gain your trust? What did they promise? How did they find you? These questions are important to create your defense. No matter what the circumstances, anyone arrested for an online sex crime will need an attorney who will investigate your case with an in-depth analysis of ALL the evidence.

Mark Zimmerman, Board Certified Criminal Defense Attorney in Sarasota

Contact Criminal Defense Attorney Mark Zimmerman to talk with him about the online sex charges you or a family member are facing. It’s important to get legal help right away, right now. You can reach Mark Zimmerman at (941) 364-8503 or fill out our online contact form.

Operation Bad Apple: 29 People Arrested in Sarasota Prescription Drug Bust

29 people have been arrested in a huge prescription drug sting in Sarasota. Sheriff”s investigators called the sweep “Operation Bad Apple.” News reports say the oxycodone bust stemmed from an investigation into a recently shut down clinic in Ft. Myers called Luxor Industries Physicians Group. That”s where law enforcement say they discovered more than 65 fake prescriptions that were filled at Apple Pharmacy in Englewood. Charges for the 29 people arrested range from obtaining a controlled substance by fraud, to trafficking in oxycodone. Sarasota County Sheriff Tom Knight says there will be more arrests in the future from this bust.

What to do if You”re Arrested in a Prescription Drug Bust

The first thing people  arrested in this prescription drug bust need to do is hire a board certified criminal defense attorney because Florida”s prescription drug laws are severe.  In Florida you can be arrested for trafficking drugs even if you”re not selling or transporting them. Just having a certain amount of oxycodone in your possession triggers a mandatory minimum sentence of 3 to 25 years. These drug laws were designed to put drug lords in jail, not people with addiction problems. Most of those arrested aren”t bad doctors running pill mills or drug lords trafficking huge quantities of prescription drugs.  Usually the people caught casino up in these broad stings are everyday people who are struggling with an addiction.  You must have an aggressive criminal defense lawyer, like Mark Zimmerman,  because without someone to fight these charges, any of the people caught up in Operation Bad Apple could end up in prison instead of rehab.

Illegal search and seizure is another way to fight your charges. Under the 4th Amendment you are protected from unreasonable search and seizure from police. We make sure law enforcement officers had probable cause to search you. Often if the police don”t follow their own procedures, we may be able to suppress the evidence in your case so that it can”t be used in court. Attorney Mark Zimmerman has extensive experience investigating police procedures to help his clients get a favorable outcome in their criminal defense.

Sarasota Criminal Defense Attorney Mark Zimmerman

If you”ve been arrested for prescription drug crimes, you have an extremely a short period of  time to make the right decisions to preserve your rights.  That”s why hiring a board certified criminal defense attorney, like Mark Zimmerman, immediately after your arrest is important.  Contact Mark at Zimmerman and Zimmerman today to talk about your prescription drug arrest and find out how he can help you.  You can reach Mark at (941) 364-8503 or you can fill out his online contact form here.

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