Criminal Defense News

In criminal defense, virtually every case hinges on the Fourth Amendment and whether law enforcement overstepped its bounds in gathering evidence against you. The constitutional test for justifying a search is a robust one: the totality of the circumstances. This means that courts must look at the “whole picture” of the facts leading to a search and seizure, avoiding reliance on any single, isolated fact.

Attorney W.F. “Casey” Ebsary Jr., a Board-Certified Criminal Trial Lawyer in Florida, is already defending clients charged under Florida’s expanded fleeing and eluding law 316.1935. HB 113 (House Bill 113 jargon for new law in Florida), effective in 2025, significantly increases penalties for anyone who fails to stop when directed by law enforcement. These changes affect everything from slow-speed evasions to high-speed chases, including motorcycles, ATVs, golf carts, and other off-road vehicles.

The intersection of Florida medical marijuana laws and federal firearm prohibitions has created one of the most important constitutional battles of our time. Thousands of Floridians hold valid medical marijuana cards under Article X, Section 29 of the Florida Constitution and Chapter 381, Florida Statutes, allowing them to treat chronic conditions lawfully under state law. Yet, under federal law, these same patients are labeled as “unlawful users of a controlled substance” and face a complete ban on firearm possession under 18 U.S.C. § 922(d)(3) and (g)(3).

Being charged with passing a worthless check, especially under WOCK3015 – Worthless Check (Business Account), is a serious matter in Florida. These cases often involve allegations that a business wrote a check without sufficient funds in its account, leading to possible misdemeanor or felony charges under Florida Statute 832.05. While some cases are misunderstandings, prosecutors can be aggressive in pursuing charges because they view them as both theft-related and fraudulent.

In today’s digital world, people frequently turn to Facebook, Twitter, Instagram, and other platforms to vent frustration, make jokes, or engage in heated debates. But how far is too far? Under Florida law, certain posts—especially those that involve threats of violence—can be prosecuted as true threats. Even if the author insists they were “just joking” or exaggerating, courts can and do interpret online comments as criminal threats.

In a nation founded on the principles of free expression and the right to petition the government, the interplay between individual liberties and the need for public order is a constant legal frontier. This delicate balance often comes into sharp focus during public meetings, where citizens exercise their right to voice concerns and engage with elected officials. A recent decision from Florida’s Second District Court of Appeal, Rodney Keith Jones v. State of Florida, shines a critical light on these fundamental rights, particularly concerning charges of disturbing a lawful assembly and resisting arrest.

In June 2025, the Florida Sixth District Court of Appeal reversed a county court ruling that had improperly evicted a domestic violence injunction holder from a shared residence. The core legal issue: Can a landlord evict someone when a circuit court has already granted that person exclusive possession of the home under a temporary domestic violence injunction?

Prosecutors aren’t just lawyers—they’re gatekeepers to the justice system with immense power over plea deals, sentencing, and trial strategy. When they’re angry, defendants pay the price. Whether you’re facing fraud, battery, theft, or drug charges, knowing what frustrates prosecutors helps you avoid the harshest consequences. Let’s explore the top three things that anger prosecutors and how we protect our clients from their wrath.

Cell phones are more than communication devices—they hold a detailed record of our lives. In Florida and across the United States, courts have recognized the sensitivity and depth of this information. At the Law Office of W.F. “Casey” Ebsary Jr., we stay at the forefront of privacy law developments, especially those concerning cell phone searches in criminal investigations.

What Is the Border Search Exception Under the Fourth Amendment?

The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. However, an important exception applies at the border: routine searches of people and property at U.S. borders (including international airports and seaports) do not require a warrant, probable cause, or even reasonable suspicion.