Criminal Defense News

Criminal Forfeiture Standard (A District Magistrate’s View) “18 U.S.C. §§ 981(a)(1)(C), 982(a)(5), and 28 U.S.C. § 2461(c) provide in pertinent part that any property, real or personal, which constitutes, or is derived from proceeds traceable to the charged offenses in this case are subject to forfeiture by the United States. For the property to be…

What About the Feds on Twitter? Most Twitter multimedia is handled by 3d party links. Twitter allows both public or private updates. On Twitter Direct messages are private and the sender can delete these messages. the feds noted that short URLs used to serve malicious links and code. Today we learned the feds will seek…

A St. Petersburg Police Department Officer was acquitted when he went on trial for hit and run in his police car. During the trial there was testimony that “exposed some embarrassing revelations for the St. Petersburg Police Department when [the cop] testified that he disabled the tracking device on his police cruiser several times so that his superiors couldn’t…

“You may infer from the Government’s failure to preserve these messages, or the fact that they were deleted by agents, that the missing text “messages were relevant to this case and that they were favorable to both Defendant[s]” Penalties for Destruction or Spoliation of Cyber Evidence Tampa Cyber Crime Attorney just received this tip from a…

A Texas attorney filed this Emergency Motion to Attend the 2010 World Series. View it below or download it for your next miraculous comeback by your favorite team. Motion to Attend World Series Texas Rangers Fan

Author’s Comment: Your cell phone tells police a lot about you.A Judge recently provided written testimony about about the impact of the ECPA (Electronic Communications Privacy Act — that is a law that appears to be about anything but ensuring privacy of electronic communications). Title I of the ECPA 18 U.S.C.A. § 2510 allegedly protects…

“The images . . . are composite images which were crudely prepared by cutting and pasting a photocopy of the head of a minor onto a photocopy of an adult female.” Cut, Copy, and Paste Not Florida Porn Violation “child pornography has been defined in the federal statutes to specifically include composite images.” See 18…

“The sanctions: Defendant to be imprisoned for up to two years, or until he paid the attorneys’ fees and costs estimated to be a “significant amount.” Spoliation of Evidence in Cybercrimes Florida Cybercrime  Attorney has been researching sanctions for destruction of evidence, also known as Spoliation. The Sanctions: Defendant to Pay Attorneys’ Fees or Serve Two Years Imprisonment…

Weapons Found in Car Suppressed “movements towards the glove box did not justify a search based on officer safety” Florida Defense Attorney just received news of a Automobile Search and Seizure case where the defendant fled from police. The vehicle came to rest. The cop watched the defendant reaching towards the dashboard on the passenger side. Police ordered the…

Resisting Arrest Without Violence Tampa Florida Criminal Defense Attorney was just reviewing a case of Resisting an Officer Without Violence. The defendant gave a false name and date of birth DOB  to a cop. The court ruled that was insufficient to support a conviction since the defendant was not under arrest nor was the defendant being lawfully detained when he provided the false information.…