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Martin Hernandez
Bilingual attorney, aggressively representing those injured from an auto accident or criminally accused. Abogado en Tampa representando víctimas de accidentes o arrestado
Bilingual attorney, aggressively representing those injured from an auto accident or criminally accused. Abogado en Tampa representando víctimas de accidentes o arrestado
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Look who made the cover to the Walk like mad Facebook page!

For the past 10 years our firm has proudly supported mothers against drunk driving in their quest to stop drunk driving and have no more victims. We will continue this crusade with them as we believe that victims should have a voice and should be heard.

Injured by a drunk driver? We can help.

813-229-5353


#GetLawyeredUpNow


https://www.facebook.com/walklikemadd/photos/a.10150200096749595.342289.7917504594/10156384696784595/?type=3
Walk Like MADD
Walk Like MADD
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Tampa Bicycle Accident Injury Lawyer - Martin Hernandez

Bicycle Accidents and Injuries are Often Caused by Careless Drivers

In 2011, NHTSA reported that of 677 deaths and 48,000 in bicycle-related accidents, the bicyclist was not the person at fault the majority of the time in the bicycle accident. To compound the problem, Tampa is regarded a one of the worst places for a bicyclist to ride on the road.

Bicycle accidents happen due to (most commonly):

Negligence of the drivers on the road.
Drivers driving under the influence.
Drivers not stopping at stop signs.
Distracted driving.
In many instances, drivers park and open their doors into a rider lawfully using the road or bike lane.
Some drivers brush or sideswipe riders off the road.
In some instances, these cars run into another vehicle or person on foot.

Common Bicycle Accident Injuries

Given the lack of protection, bicycle related injuries can be very serious and even deadly. Below are some of the most common bicycle related injuries.

Brain and head injuries: including severe head trauma, and permanent brain injury.
Lacerations to the scalp and face leading to damaged teeth.
Facial Fractures
Broken Limbs, legs, arms, hands,
Severing of the limbs
spinal cord injuries, leading to quadriplegia or paraplegia
“Road rash” or other serious abrasions.
Bicycle Accident Statistics

Riding your bicycle is a safe, healthy and cherished way of life, but we have a long way to go to create a truly bicycle-friendly community. I ride bikes frequently with my children along Bayshore, Flatwoods, Courtney Campbell, Alafia and other bicycle friendly paths.

If you have been involved in a Tampa Bicycle Accident and need a Tampa Injury Lawyer to help you in your time of need. Call the Tampa Bicycle Accident Lawyer Martin Hernandez of Fernandez & Hernandez at 813-229-5353
Read more at: InjuryLawyersOfTampa.com

#GetLawyeredUpNow #Bicycle #BicycleAccident #BicycleAttorney #Accident #Tampa
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The Best Defense
Daniel J Fernandez, Criminal Defense Attorney Fernandez & Hernandez LLC
Florida vigorously prosecutes individuals caught with trafficking amounts of drugs. And even though a person may not be a true "drug dealer" or is not a leader in a drug trafficking organization, the law requires the imposition of mandatory-minimum prison sentences.
Some of the most commonly charged crimes involving the illegal trafficking in drugs are:
Trafficking in Cannabis
Trafficking in Cocaine
Trafficking in Fentanyl
Trafficking in GHB
Trafficking in Heroin
Trafficking in Hydrocodone
Trafficking in MDMA (Ecstasy)
Trafficking in Methamphetamine (Crystal Meth or Meth)
Trafficking in Oxycodone
In addition to harsh criminal penalties of fines, prison sentences, and lengthy probation, individuals involved in the drug trade may also be subject to civil penalties such as forfeiture of their home, vehicles, or money that the government believes is linked to the drug trade.
Definition of Drug Trafficking
Drug Trafficking is defined as the intentional to sale, purchase, manufacture, delivery, possession, or transportation into Florida of a "trafficking amount" of drugs.
Florida Drug Trafficking Thresholds
Below is the minimum threshold quantity needed to support a trafficking charge for Florida's most commonly encountered illegal drugs.
Cannabis: 25 pounds or 300 plants
Cocaine: 28 grams
Fentanyl: 4 grams
GHB: 1 kilogram
Hydrocodone: 14 grams
Heroin: 4 grams
LSD: 1 gram
MDMA (Ecstasy): 10 grams
Oxycodone: 7 grams
These amounts are just the minimum amount needed to support a drug trafficking charge; as the amount increases, so does the potentially applicable minimum-mandatory sentence increase.
Mandatory Minimum Penalties for Drug trafficking
Florida Statute 893.135 provides for the following mandatory minimum prison sentences and fines for trafficking in certain quantities of illegal drugs:
Trafficking in Cannabis
Trafficking in Cocaine
Trafficking in Fentanyl
Trafficking in GHB
Trafficking in Heroin
Trafficking in Hydrocodone
Trafficking in LSD
Trafficking in MDMA (Ecstasy, Molly)
Trafficking in Methamphetamine (Crystal Meth, Meth)
Trafficking in Oxycodone
If you have been arrested or charged with a crime call Daniel J Fernandez Attorney at Law for a free consultation at (813) 229-5353.
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Not going to happen.
Not today or ever.


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If you have been injured in a Tampa car accident, call the InjuryLawyersOfTampa.com at 813-229-5353 and consider it done.
Fernandez & Hernandez LLC
#GetLawyeredUpNow #Abogado #Attorney #Lawyer #Accident #Accidente #abogado
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Hit & Run Accidents in Tampa, Florida
- By your Tampa Injury lawyer, Martin Hernandez

Leaving the scene of an accident is commonly known as a "hit and run" and in Florida, this is a serious crime under Florida Statutes § 316.027. The law states that if a driver is involved in a car accident, they are required to immediately stop and stay at the scene of the accident. It is illegal to flee the scene without providing your name, address, insurance and other information. Believe it or not, it is not required to call law enforcement.

The two key parts of a "hit & run" or "leaving the scene" crime includes:
1.Being involved in an accident with a vehicle, building, structure or any type of property belonging to another person; and
2.Purposefully leaving the scene without providing the necessary information to the property owner.

Just because the owner is not present does not mean you can leave. It is required under law to report the accident and provide your information even if the owner of the property is not present.

Duty to Render Aid
There is also a duty to render aid when you are in an accident. If any other party is injured, a driver in the accident is required to stop, provide their information and then render assistance to the injured person. This could include transporting the person to treatment or making arrangements for treatment if needed. If a person is killed in the accident, a driver is required to report the accident as quickly as possible. Not rendering aid can also lead to consequences of the driver under law. The reasons that drivers may choose to flee the scene include:
-Being under the influence of alcohol or drugs
-Driving without a valid license
-Warrants
-Trying to avoid jail or the fines and costs after an accident
-Not realizing that they were involved in the accident

The reason for fleeing does not necessarily matter, the consequences are the same regardless and the injuries are just the same.

There are serious penalties for hit & run accidents and you deserve compensation from the responsible party.

However, when people try to leave the scene of the accident, it is not recommended to take matters into your own hands. Here, in the streets of Miami, the other drivers took matters into their own hands and tried to smash out the windows of the other car. Now, by doing this, the other party has a good defense of "necessity" or "safety." Then you need to call law enforcement. Take pictures of the driver and license plate to aid law enforcement, but let them go.

The law firm of Fernandez and Hernandez can assist you in investigating your case and recovering damages for your injuries, medical costs, lost income and any other hardships the accident has brought about. Our injury attorneys have years of experience in helping injured victims and we can help. Contact Fernandez and Hernandez right away to schedule your free consultation!

Read the blog on our website.

https://injurylawyersoftampa.com/hit-run-accidents-in-tampa-florida/

813-229-5353
#GetLawyeredUpNow #Attorney #Lawyer #Abogado

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Release on Bail or Bond
- by Your Tampa Criminal Defense Attorney, Daniel J. Fernandez
If you have been arrested for a state of Florida offense you are entitled to a bond hearing. You may be eligible for release on your own recognizance or in the alternative, reduction of bail.
Florida law provides that "every person charged with a crime . . . shall be entitled to pretrial release on reasonable conditions," Art. I, § 14, Florida Constitution, subject to two exceptions. The first exception is the pretrial detention exception: "if no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained." Art. I, § 14, Florida Constitution. The second exception is the capital or life offense exception: pretrial release may be denied to an accused who is "charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great. . . ." Art. I, § 14, Florida Constitution.
Before release on bail pending trial can ever be denied to an accused charged with a capital offense or an offense punishable by life imprisonment, the State must come forward with a showing that the proof of guilt is evident or the presumption is great. In a capital case or a case involving life imprisonment where the accused is seeking to be admitted to bail, the State has the burden of proof on the issue of whether the proof of guilt is evident and the presumption great.
The State’s burden, in order to foreclose bail as a matter of right, is to present some evidence which, viewed in a light most favorable to the state, would be legally sufficient to sustain a jury verdict of guilty.
The Degree of Proof Required Before Pretrial Bail May Be Denied in a Capital or Life Felony Case:
The Constitution allows the denial of bail in capital offenses only where the proof is evident or the presumption great. It is not sufficient to justify a denial of bail in such cases that the evidence establish merely a probability of guilt.
Article I, Section 14 of the Florida Constitution provides:
Until adjudged guilty, every person charged with a crime or violation of municipal or county ordinance shall be entitled to release on reasonable bail with sufficient surety unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great.
Where a defendant is not charged with a capital offense or offense punishable by life imprisonment, he is entitled to bail. A defendant is also entitled to reasonable bail which brings into focus the financial condition of the defendant. Depending upon the financial circumstances of the defendant, excessive bail is tantamount to no bail.
In addition to the defendant's financial circumstances, there are numerous criteria to be considered in setting bail and each case is dependent upon its individual facts. Factors to be considered in determining the amount of bail include the nature of the offense and the penalty for it, the character and strength of the evidence or probability of guilt, the probability of the accused appearing at trial, his accessibility to means of flight, his family ties and employment, the length and stability of his residence in the community, the prior record of the accused in responding to process, whether the accused was a fugitive from justice when arrested, whether the accused is under bond for appearance at trial in other cases, his respect for the law, the accused's character and reputation, and the state of his health.
Section 903.046, Florida Statutes provides that the purpose of bail is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant. The statute lists criteria which should be taken into consideration in evaluating a request for bail or bond reduction. Further, Rule 3.131, Florida Rules of Criminal Procedure states that the judicial officer shall impose the first condition of release enumerated in the rule which will reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process. Excessive bail is tantamount to a denial of bail.
Bail is basic to our system of law. Doubts whether it should be granted or denied should always be resolved in favor of the defendant.
If you have been charged with a State of Florida offense you may be entitled to release from incarceration pending trial. Criminal defense attorney Daniel J. Fernandez can help guide you through the process.
If the State cannot show that you are a danger to the community or a flight risk you may be entitled release on personal recognizance or bond or conditionally release. Contact a criminal defense lawyer and request a bond hearing. Our firm has represented clients in bond hearings. Many of these hearings have resulted in release on personal recognizance or bond or conditionally release.
If you have been arrested for a State of Florida offense in the Tampa Bay area and would like to be released from incarceration while awaiting trial, call Tampa criminal defense lawyer Daniel J. Fernandez of Fernandez & Hernandez for a free consultation now.
Call Tampa Criminal Defense Attorney, Daniel J. Fernandez of Fernandez & Hernandez at 813-229-5353 or read more at: CriminalDefenseLawyerTampa.com
#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer
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Thanks for the heads up.


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Injured in a Tampa Car Accident? Call the InjuryLawyersOfTampa.com
813-229-5353
#GetLawyeredUpNow #Abogado
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If you’re born and raised in Florida, I think you will be able to relate! Everything on this list is true and relatable.



InjuryLawyersOfTampa.com
#FloGrown #saltlife #GetLawyeredUpNow
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Caution signs are helpful. Others “um...duh”
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Injured in a Tampa car accident?
InjuryLawyersOfTampa.com
813-229-5353
#GetLawyeredUpNow
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Caution signs are helpful to let you know of unknown dangers.
Others can you make you go “ummm...duh” but they should be obeyed.

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If you have been injured in a Tampa car accident, call the InjuryLawyersOfTampa.com at 813-229-5353
#GetLawyeredUpNow #Abogado #Attorney
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