Articles Posted in Federal Court

Federal Criminal Prosecutions on the Rise – By the Numbers
Law Office of W.F. ''Casey'' Ebsary Jr

Federal Criminal Prosecutions are up for 2012 in the Middle District of Florida says a United States Department of Justice report. USDOJ national statistics reveal in 2012, there were 84,307 criminal filings in the nation. In the Middle District of Florida for 2012 there were 1,505 Filings and 2011 had 1,290 filings. Sadly, drug cases,…

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Federal Pretrial Diversion Eligibility Criteria
Law Office of W.F. ''Casey'' Ebsary Jr

Federal Pretrial Diversion The Eligibility Criteria for the DOJ Pretrial Diversion Program have been updated.  The disqualifier for having a history of substance abuse (alcohol or drugs) has been removed. Federal Pretrial Diversion Eligibility Criteria According to the Feds, “Pretrial diversion (PTD) is an alternative to prosecution which seeks to divert certain offenders from traditional criminal…

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Electronic Discovery in Criminal Cases – Principles
Law Office of W.F. ''Casey'' Ebsary Jr

ESI Discovery in Federal Criminal Cases Federal Criminal Defense Attorney just received an excellent checklist and  list of principles to be applied in electronic discovery in criminal cases. Thanks to our Federal defense lawyer for this excellent outline. Below the principles are a quick ESI checklist. “Today, most information is created and stored electronically. The advent of electronically stored information (ESI)…

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911 Recorded Call Violates Florida Wiretap Statute
Law Office of W.F. ''Casey'' Ebsary Jr

911 Recording Violates Wiretap Statute Florida Criminal Defense Attorney notes that a call from a 911  dispatcher TO a crime scene violated the Florida Wiretap Statute “section 934.03(2)(g)2, which the court broadly construed to allow an emergency agency to intercept and record  any  wire communication in order to acquire necessary information to render aid and assistance.” Complete Opinion…

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Mail Fraud Conviction Overturned – Florida Federal Criminal Defense Attorney Reports
Law Office of W.F. ''Casey'' Ebsary Jr

Tampa Federal Criminal Defense Attorney was just informed that a Florida Lawyer’s Mail Fraud conviction in a United States District Court in Florida was eviscerated by the 11th Circuit: “A jury convicted Joseph T. Lander on mail fraud and money laundering charges related to two separate fraudulent schemes, and he appealed. The Eleventh Circuit held…

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Cell Phone and GPS Location Data in Criminal Prosecutions
Law Office of W.F. ''Casey'' Ebsary Jr

Board Certified Criminal Trial Lawyer at Law Office of W.F. ”Casey” Ebsary, Jr. notes recent developments in Cell Phone Location Data used in Criminal Prosecutions. When the government wants to track an individual’s location through his or her cell phone, it submits an application to a judge seeking an order compelling a company to provide…

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Pardon | Seal | Expunge
Law Office of W.F. ''Casey'' Ebsary Jr

Presidential Pardons are at 22 and counting under President Barack Obama as of November 2011. A Tampa Bay, Florida residentbenefitedfrom a “presidential pardon this week [and] called his earlier felony a “youthful indiscretion” that happened after he got mixed up in the wrong crowd.” Florida Update 2020 Florida Clemency Board Blocks Pardons As of July,…

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Search Warrant Gibson Guitars
Law Office of W.F. ''Casey'' Ebsary Jr

Gibson Guitars and The Lacey Act, 16 U.S.C. § 3372(a)(2)(B)(iii) Gibson Search Warrant? Feds with nothing better to do spent a lot of time and money drafting this Affidavit for Search Warrant. Somehow, I don’t feel any safer. UPDATE: “Gibson, fearing a bankrupting legal battle, settled and agreed to pay a $300,000 penalty to the U.S. Government.…

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Accidental Smuggler | Junk in the Trunk
Law Office of W.F. ''Casey'' Ebsary Jr

Federal Criminal Defense Source has supplied us with an Affidavit from Federal Law Enforcement that outlines how drug smugglers would obtain electronic key codes using the Vehicle Identification Numbers. They would then use the keys to open the trunk to stuff drugs in the trunk outside of the United States, and retrieve them from the…

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