The Target Letter
Federal criminal defense fighter needed in the Middle District of Florida? Federal Court in the Middle District of Florida is a hotbed of drug and computer-related indictments. Federal Criminal Defense expert, Casey Ebsary practices in the Middle District, and has been repeatedly appointed by the District Court as a Criminal Justice Act attorney. While many attorneys shy away from the Federal Courts, we go head to head with federal prosecutors / United States Attorneys on a regular basis. We are experienced in the United States Sentencing Guidelines and in Constitutional Law. Arrested or think you might be? Sometimes the greatest success in federal prosecutions can be achieved before the case goes to the Grand Jury. We are also experienced in fighting pre-indictment matters with the United States Attorney and federal authorities.
We Can Fight
Call a Tampa Federal Criminal Defense Attorney
When trouble comes in Federal Court, we can provide a solution. Call a Federal Criminal Defense Attorney today at 813-222-2220 for a free initial consultation. If it is more convenient for you, we respond quickly to your call for help via our Call For Help web submission. Your messages, questions, and comments are sent to us wirelessly. We are constantly checking and responding, and will quickly get back to you via telephone or email.
William F. “Casey” Ebsary, Jr. is a Lawyer who practices in criminal defense of all criminal charges in Federal Court. Casey is a former Criminal Prosecutor. Mr. Ebsary is AV rated by the Martindale Hubbell Directory and Lawyers.com. An AV rating is the highest rating issued by this nationally recognized lawyer rating service. An AV Rating shows that a federal criminal defense attorney has reached the height of professional excellence. AV Trial rated Criminal attorneys have usually practiced Defense law for many years, and are recognized for the highest levels of skill and integrity. Board Certified Criminal Trial Specialist, W.F. ”Casey” Ebsary, Jr. , knows that hundreds of people are arrested, questioned, and indicted in both Florida State and Federal Courts every day. That’s where a Florida Bar Board Certified Specialist, comes in. Board Certified Specialist, W.F. ”Casey” Ebsary practices extensively in the Federal Court in the Middle District of Florida.
Tampa Federal Criminal Defense Attorney W.F. ”Casey” Ebsary, Jr. , notes that the New York Times has uncovered a rash of mistrials resulting from jurors using technology during voir dire (jury selection) and throughout the trial and deliberations. During a federal drug trial in Florida a juror admitted that he had been doing research on the case on the Internet The judge had instructed the jury not to rely on evidence not presented in court. The other eight jurors had been doing the same thing. The judge declared a mistrial- pulling the plug on an eight-week trial.
Sample Target Letter
Sample Target Letter:
Re: Grand Jury Investigation
This letter is to advise you that you are now a target of a Federal Grand Jury investigation in this District involving your activities with others related to [Charges and Activities Here] [Statutes Here], as well as other possible violations of federal criminal laws. The United States is prepared to proceed before a Federal Grand Jury to seek charges against you.
Should you desire to discuss the matter with us before we proceed to bring formal charges against you, please have your attorney contact Assistant United States Attorney [Prosecutor Name Here] (813) 555-5555, so that we may schedule an appointment. If you do not have an attorney and would still like to discuss the matter, please contact Special Agent [Agent Name Here] at (813) 555-5555 to arrange an appointment. If we do not hear from you or your attorney on or before [Deadline Date], we shall assume that you do not wish to discuss the matter and will proceed accordingly.
Assistant United States Attorney
Email Subpoenas from a Federal Prosecutor
One court has held a Search Warrant for eMail was unnecessary, where a federal subpoena was issued. The federal Judge ruled that an Internet Service Provider must comply with the Government subpoena for E-Mail. In this cybercrime prosecution, the Government had subpoenaed the Internet service provider (ISP) and sought the contents of electronic communications. The subpoena requested previously opened or sent e-mail that belonged to the defendant.
The ISP failed to produce e-mails that had been stored for fewer than 181 days, the Government filed a motion to compel production of the e-mails’ content. The ISP claimed the information sought required a search warrant. The Court ruled that the Stored Communications Act (SCA), required the ISP to comply with the Government’s subpoena if the e-mails are held or maintained solely to provide the customer storage or computer processing services.
The court further ruled that previously opened e-mails stored by the ISP for web-based e-mail systems—as distinguished from other e-mail systems—are not in “electronic storage,” which is defined by the Wiretap Act as storage incidental to electronic transmission and for the purposes of backup protection of the e-mail. Based on this finding, the court ordered the ISP to comply fully with the Government’s subpoena.
When Federal Subpoenas are issued, we can help.
Tampa Federal Criminal Defense Attorney Subpoena eMail
Source: United States v. Weaver, 2009 WL 2163478 (C.D. Ill. July 15, 2009).