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…
Continue reading ›“the Court finds that the Petitioner simply lacked the ability to perform the test as requested; consequently, his failure to provide a urine sample cannot constitute willful refusal” Refusal to Submit to Chemical Test DUI Defense Attorney Lawyer has previously written about refusal to take a drug urine test under § 322.2615(13) after blowing under .08 on a DUI Breath…
Continue reading ›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,…
Continue reading ›Drug Charge and Doctor-Shopping Defense Attorney Lawyer notes a new case where although the court allowed evidence from warrantless seizure of pharmacy records, it granted a Motion to Suppress Evidence from medical records and discussions with doctors that were also obtained without a warrant. We have previously covered this law here: Florida Statute: 893.13.7A8 is…
Continue reading ›Seal Expunge Video – Arrest in Florida? Your Criminal Record Does Not Have To Follow You Forever. 1 minute video on help available to Remove an arrest record through a criminal record expungement or record sealing in Florida. Call (813) 222-2220. Learn More here:expungelaw.com Expunge Sealing Video | Attorney Lawyer in Florida
Continue reading ›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.…
Continue reading ›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…
Continue reading ›Federal Defense Attorney just sent us news of a rare acquittal in a federal Pornography (18 U.S.C. § 2252) case involving a high profile and very experienced federal agent, Special Agent John Kuchta. We have removed the defendant’s name and publish almost the entire ruling below. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDAFT. MYERS…
Continue reading ›Defense Attorney / Lawyer in Tampa, Florida has completed a review of the recent declaration by a Florida Appeals Court that Florida Statute 316.3045(1)(a) was unconstitutional. The Traffic law made operation of radios or other mechanical sound making devices or instruments in vehicle plainly audible at a distance of 25 feet or more from the vehicle illegal. The Feds have written a 50 page…
Continue reading ›Cell Phone Searches Tampa Criminal Defense Attorney / Lawyer continues to follow recent developments in the search of cellular telephones / cell phones. One Florida court has just ruled in a 33 page opinion that pictures in a cell phone obtained from a suspect who had been arrested were inadmissible at trial since they had been seized…
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