Florida Record Sealing Expunging

Florida Record Sealing Expunging requests have increased 43 percent in Florida. The Wall Street Journal reports that efforts to seal criminal records have skyrocketed as job hunters seek to keep problems in the past. The news report states "Florida sealed and expunged nearly 15,000 criminal records in the fiscal year ended June 30, up 43% from the previous year. " One employer stated, "If I have a guy with four arrests and bad credit versus someone who has never been in trouble in his life, who am I going to hire? It's not rocket science," says [a] corporate director of safety, security and investigations at a Florida employer which has 175 stores.

Source: Wall Street Journal Nov. 13, 2009

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Florida Record Sealing Expunging

Case Results

This website reports news and case law from both reported cases and news media. As of January 1, 2010, The Florida Bar prohibits the reporting of case results obtained by Florida Lawyers in their own cases. The Florida Bar in many instances also prohibits the use of testimonials. The reported position of Florida Supreme Court can be found here. . In short, The Florida Bar and the Florida Supreme Court have ruled: No testimonials; No characterization of services; No past results. The complete opinion of the Florida Supreme Court is located here. The cases reported here are not past results obtained in Mr. W.F. ''Casey'' Ebsary's cases.

Feel free to discuss the facts of your case with Casey to find out how the law may apply to the facts of your case .

Tampa Criminal Defense Attorney on Caller ID Spoofing

Tampa Criminal Defense Attorney notes that individuals including law enforcement  are purchasing ''spoofcards'' from the website www.spoofcard.com, and using them to engage in  or investigate criminal activity. A ''spoofcard'' allows you to call any number, and alter either the Caller ID, and/or your voice. This service is free initially, but a ''spoofcard'' costs only $4.95, and allows you to get up to 25 credits or calls at this amount. Cops are also using "spoofcards" from confiscated phones in drug busts to make dealers believe clients are calling when it's actually the cops.

In other cases, a person could call law enforcement and allege that a client has violated an Injunction for Protection Against Domestic Violence or their bond by calling them. They could then show the Deputy their phone, and there would be a Caller ID number to verify this fact. The Deputy would then call the number to verify that it belonged to the person enjoined from calling, and (you guessed it) the innocent spouse would answer the phone and deny the call was placed by them. The Deputy prepares a warrant, and the alleged caller goes to jail. The person could even go one step further and play the Deputy a message from the enjoined person, when in actuality it is the complainant (or another) disguising their voice and/or calling themselves through the spoofcard website. Alternatively, a person holding an injunction could be consistently called and stalked by the person enjoined with the use of a “spoofcard” to mask their phone number and disguise their voice.

One Escambia County, Florida  lawyer reports a case, where the husband used a "spoofcard" to call her client, and get her repeatedly arrested for violating a temporary injunction. The attorney finally got a witness who saw the Husband using this site on the internet. The defense attorney was able to subpoena the witness, and got her client out of jail on an emergency motion for bond. The Defense Attorney used the "spoofcard" in court and made it look like the clerk had just called her from the court's phone. When the attorney called back the number, and the clerk picked up, and the trial Judge was floored and intends on sharing this information with all the judges at their next meeting.

This information could really help with a defense in some cases. Feel free to pass it on if you think others could benefit from it.

Caller ID Spoofing an Issue? Tell Me Your Story Toll Free 1-877-793-9290 .

Tampa Criminal Defense Attorney Florida

Honest Services Fraud - Florida - Middle District

Breaking news from Federal Defender - Title 18, U.S.C. § 1346 defines a scheme or artifice to defraud for purposes of chapter 63 (i.e., § 1341 (mail fraud), § 1342 (fictitious name or address), § 1343 (wire fraud), § 1344 (bank fraud) and others) as including a scheme or artifice to deprive another of the intangible right of honest services. The Supreme Court has granted certiorari in three cases on the issue of honest services. Some people think that the Supreme Court might find part of the statute defining honest services unconstitutional. If that happens, the above statutes might fall in part or in full. Just be aware when you are dealing with these statutes.

Honest Services Allegations in Federal Court? Tell Me Your Story Toll Free 1-877-793-9290 .

Florida Middle District Federal Criminal Defense Attorney

Junk Science and Federal Criminal Defense

Florida Federal Criminal Defense Attorney, W.F. ''Casey'' Ebsary, Jr. just returned from a great seminar on fighting the admissibility of Junk Science in federal criminal cases.

To attack Junk Scientific Evidence, one must look beyond the practitioners of the field itself. State of Maryland v. Bryan Rose, K06-0545 (Cir. Balt. Co. 2008) (“general acceptance of latent print identification by its practitioners does not constitute general acceptance by the ‘scientific community’ . . .”); United States v. Saelee, 162 F.Supp.2d 1097 (“Finally, the evidence does indicate that there is general acceptance of the theories and techniques involved in the field of handwriting analysis among the closed universe of forensic document examiners. This proves nothing.”). In most cases, the Government has not and will not be able to produce anyone beyond law enforcement technicians.

The seminar is available for free here: Junk Science in Federal Courts

Thanks to Attorney Frank Godbold.

Tell Me Your Story Toll Free 1-877-793-9290