|Cell Phone and GPS Location Data|
Presidential Pardons are at 22 and counting under President Barack Obama as of November 2011. A Tampa Bay, Florida resident benefited from a “presidential pardon this week [and] called his earlier felony a “youthful indiscretion” that happened after he got mixed up in the wrong crowd.”
Pardon vs. Seal | Expunge
According to the United States Department of Justice (USDOJ) “[w]hile a presidential pardon will restore various rights lost as a result of the pardoned offense and should lessen to some extent the stigma arising from a conviction, it will not erase or expunge the record of your conviction.
Free Florida Sealing and Expunge Web App
We have place a free Florida Sealing and Expunge Web App on SealMyFile.com. Check and See If You Are Eligible To Have Your Record Sealed Or Expunged. The contact The Law Office of Board Certified Criminal Trial Lawyer W.F. “Casey” Ebsary, Jr. at 813-222-2220.
Federal Offense Only
“Under the Constitution, only federal criminal convictions, such as those adjudicated in the United States District Courts, may be pardoned by the President. ” Furthermore, “if you are seeking clemency for a state criminal conviction, you should not complete and submit [a Presidential Pardon] petition. Instead, you should contact the Governor or other appropriate authorities of the state where you reside or where the conviction occurred (such as the state board of pardons and paroles) to determine whether any relief is available to you under state law. ”
Five Year Waiting Period
“Under the Department’s rules governing petitions for executive clemency, 28 C.F.R. §§ 1.1 et seq., an applicant must satisfy a minimum waiting period of five years before he becomes eligible to apply for a presidential pardon of his federal conviction. “
When completing the application, “you should state the specific purpose for which you are seeking pardon and, if applicable, attach any relevant documentary evidence that indicates how a pardon will help you accomplish that purpose (such as citations to applicable provisions of state constitutions, statutes, or regulations, or copies of letters from appropriate officials of administrative agencies, professional associations, licensing authorities, etc.). In addition, you should bear in mind that a presidential pardon is ordinarily a sign of forgiveness and is granted in recognition of the applicant’s acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or release from confinement. ”
USDOJ Has Penalty for False Statements
“The failure to fully and accurately complete the application form may be construed as a falsification of the petition, which may provide a reason for denying your petition. In addition, the knowing and willful falsification of a document submitted to the government may subject you to criminal punishment, including up to five years’ imprisonment and a $250,000 fine. See 18 U.S.C. §§ 1001 and 3571.”
Pardon? Seal? Expunge? Call 813-222-2220
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 a Third Degree Felony.
Statute Excerpt: 893.13 Prohibited acts; penalties.
(7)(a) It is unlawful for any person:
Doctor Shopping – Florida Medical Records Thrown Out
Here are the Doctor Shopping Case Facts:
Doctor Shopping Case Excerpts:
“The object of the physician-patient privilege is to encourage patients to be entirely forthcoming and candid in their statements to their treating physicians. These conversations and the records with regard thereto protect our most fundamental right, the pursuit of life itself.”
Source: 4th DCA No. 4D10-777 November 16, 2011
If you or someone you care about have been charged with Doctor Shopping you can call a Florida Criminal Defense Attorney at 813-222-2220 and tell me your story.
Tampa Doctor Shopping Florida Attorney Lawyer
Oxycodone, morphine, methadone, amphetamines, hydrocodone, xanax, and other types of prescription medication legal problems
Tampa Prescription Drug Defense Lawyer just received a report of yet another Prescription Drug roundup as HCSO Hillsborough County Sheriff’s Deputies deputies made 33 arrests for dealing prescription medications. Code Name: Operation Pain Reliever .
Need Relief? Call me Toll Free 1-877-793-9290.
Hillsborough Prescription Drug Busts | Operation Pain Reliever | Prescription Drug Defense Lawyer
|Third Party Claim | Innocent Owner|
|Forfeiture of Ford Tow Truck|
Accordingly, for the reasons set forth above, it is ORDERED that:
2. the evidentiary hearing in this case shall go forward as scheduled for January 10, 2011, at 9:30 a.m., in Courtroom 10A, United States Courthouse, 801 N. Florida Avenue, Tampa, Florida.
Are you an innocent owner in a Forfeiture Case, an Innocent Owner of property the Feds want to Seize? Call Me Toll Free at 1-877-793-9290.
The Statute Provides:
18 USCS § 983 (d) Innocent owner defense.
(1) An innocent owner’s interest in property shall not be forfeited under any civil forfeiture statute. The claimant shall have the burden of proving that the claimant is an innocent owner by a preponderance of the evidence.
(2) (A) With respect to a property interest in existence at the time the illegal conduct giving rise to forfeiture took place, the term “innocent owner” means an owner who–
(i) did not know of the conduct giving rise to forfeiture; or
(ii) upon learning of the conduct giving rise to the forfeiture, did all that reasonably could be expected under the circumstances to terminate such use of the property.
(B) (i) For the purposes of this paragraph, ways in which a person may show that such person did all that reasonably could be expected may include demonstrating that such person, to the extent permitted by law–
(I) gave timely notice to an appropriate law enforcement agency of information that led the person to know the conduct giving rise to a forfeiture would occur or has occurred; and
(II) in a timely fashion revoked or made a good faith attempt to revoke permission for those engaging in such conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property.
(ii) A person is not required by this subparagraph to take steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
(3) (A) With respect to a property interest acquired after the conduct giving rise to the forfeiture has taken place, the term “innocent owner” means a person who, at the time that person acquired the interest in the property–
(i) was a bona fide purchaser or seller for value (including a purchaser or seller of goods or services for value); and
(ii) did not know and was reasonably without cause to believe that the property was subject to forfeiture.
(B) An otherwise valid claim under subparagraph (A) shall not be denied on the ground that the claimant gave nothing of value in exchange for the property if–
(i) the property is the primary residence of the claimant;
(ii) depriving the claimant of the property would deprive the claimant of the means to maintain reasonable shelter in the community for the claimant and all dependents residing with the claimant;
(iii) the property is not, and is not traceable to, the proceeds of any criminal offense; and
(iv) the claimant acquired his or her interest in the property through marriage, divorce, or legal separation, or the claimant was the spouse or legal dependent of a person whose death resulted in the transfer of the property to the claimant through inheritance or probate, except that the court shall limit the value of any real property interest for which innocent ownership is recognized under this subparagraph to the value necessary to maintain reasonable shelter in the community for such claimant and all dependents residing with the claimant.
(4) Notwithstanding any provision of this subsection, no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess.
(5) If the court determines, in accordance with this section, that an innocent owner has a partial interest in property otherwise subject to forfeiture, or a joint tenancy or tenancy by the entirety in such property, the court may enter an appropriate order–
(A) severing the property;
(B) transferring the property to the Government with a provision that the Government compensate the innocent owner to the extent of his or her ownership interest once a final order of forfeiture has been entered and the property has been reduced to liquid assets; or
(C) permitting the innocent owner to retain the property subject to a lien in favor of the Government to the extent of the forfeitable interest in the property.
(6) In this subsection, the term “owner”–
(A) means a person with an ownership interest in the specific property sought to be forfeited, including a leasehold, lien, mortgage, recorded security interest, or valid assignment of an ownership interest; and
(B) does not include–
(i) a person with only a general unsecured interest in, or claim against, the property or estate of another;
(ii) a bailee unless the bailor is identified and the bailee shows a colorable legitimate interest in the property seized; or
(iii) a nominee who exercises no dominion or control over the property.
Forfeiture – Innocent Owner Defense
|Prison Handbook | RDAP|
Residential Drug Abuse Treatment
Federal Criminal Defense Attorney, Lawyer W.F. “Casey” Ebsary, Jr. was researching Residential Drug Abuse Treatment Programs (RDAP). During this project I found a document that I will call a Prisoner Handbook. In it it discusses rules, regulations and procedures for inmates in federal custody. Although the manual was drafted for a Northern prison, it gives insight into what to expect while incarcerated. The manual also discusses the Residential Drug Abuse Treatment Program and its requirements:
The Handbook is actually titled “Admission &; Orientation Federal Prison Camp.” The Introduction to the handbook begins, “The Purpose of the Admissions and Orientation (A&O) Booklet is to acquaint you with the rules, expectations, and opportunities at the Federal Prison Camp. . . .The Purpose of the Admissions and Orientation (A&O) Booklet is to acquaint you with the rules, expectations, and opportunities at the Federal Prison Camp . . . .”
The manual has several pages about drug treatment and Drug Abuse Programming, noting that the RDAP Involves Three (3) Levels:
3. RDAP: This is a residential drug abuse program which spans approximately nine to twelve months in duration.
Drug Treatment Questions? Call Me Toll Free 1-877-793-9290
|Manufacture Distribution Possession
Controlled Substance Federal
If you have been charged with USCA0003 MANUFACTURE DIST DISPENSE POSSES CON SUB- FED (Federal Charge of Manufacture, Distribute, or Dispense, or Possess a Controlled Substance) you can call a a Board Certified Criminal Trial Lawyer, Tampa Criminal Defense Attorney at 1-877-793-9290 and tell me your story.
Form Code: USCA0003
U.S. Code: 021.841 (21 USC Sec. 841)
Description: MANUFACTURE DIST DISPENSE POSSES CON SUB- FED (Federal Charge of Manufacture, Distribute, or Dispense, or Possess a Controlled Substance)
USCA0003 MANUFACTURE DIST DISPENSE POSSES CON SUB- FED (Federal Charge of Manufacture, Distribute, or Dispense, or Possess a Controlled Substance) one of the most commonly charged offenses in Hillsborough County, Florida.
TITLE 21 – FOOD AND DRUGS
CHAPTER 13 – DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I – CONTROL AND ENFORCEMENT
Part D – Offenses and Penalties
Sec. 841. Prohibited acts A
(a) Unlawful acts – Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally –
(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
|GPS Tracking Needs Warrant|
“police violated the Fourth Amendment prohibition of unreasonable searches by
tracking his movements 24 hours a day for four weeks with a
GPS device they had installed on his Jeep without a valid warrant”
GPS Trackers and the Fourth Amendment
Tampa Drug Charge Defense Lawyer, Attorney W.F. “Casey” Ebsary, Jr. reviewed an interesting appeals court decision where police put a GPS Tracking Device on a car and followed him for weeks. The defendant was arrested for Federal cocaine charges. Specifically, “conspiracy to distribute and to possess with intent to distribute five or more kilograms of cocaine and 50 or more grams of cocaine base.” The court summarized the case as involving “Evidence Obtained from GPS Device.”
Technology Got You Down? Tell Me Your Story – Call Me 813-222-2220.
On a side note, California, has made it illegal for anyone except law enforcement to use a GPS to determine the location or movement of a person. In some jurisdictions, GPS tracking of a person’s location without that person’s knowledge is a violation of an individual’s reasonable expectation of privacy.” Some law enforcement agencies use “darts” a miniaturized GPS receiver, radio transmitter, and battery embedded in a sticky compound material. Cops shoot the darts at a vehicle and it sticks to the target tracking begins.
The Court further held “the whole of a person‘s movements over the course of a month is not actually exposed to the public because the likelihood a stranger would observe all those movements is not just remote, it is essentially nil. It is one thing for a passerby to observe or even to follow someone during a single journey as he goes to the market or returns home from work. It is another thing entirely for that stranger to pick up the scent again the next day and the day after that, week in and week out, dogging his prey until he has identified all the places, people, amusements, and chores that make up that person‘s hitherto private routine.”
The appeal centered on defense arguments that “his conviction should be overturned because the police violated the Fourth Amendment prohibition of unreasonable searches by tracking his movements 24 hours a day for four weeks with a GPS device they had installed on his Jeep without a valid warrant. We consider first whether that use of the device was a search and then, having concluded it was, consider whether it was reasonable and whether any error was harmless.” The court ruled that tracking with GPS was a search. A Search Warrant was required.
Technology Got You Down? Tell Me Your Story – Call Me 813-222-2220.