Speak to a Criminal Defense Attorney Near Tampa, Florida 813-222-2220

What Do I Do Now?


Are you concerned about current or possible future legal troubles in nearby Tampa, Florida? Do you need to speak to a Criminal Defense Attorney Near Tampa Florida? An arrest or allegations made against you, your family, or a loved one can destroy peace-of-mind. Most people are not sure what to do next. From the moment the situation starts to the end of the journey, family members and friends may try to help and nothing they may say seems to help. Nothing anyone says seems to make a difference. You may be left wondering “What should I do?” That is when it may be time to reach out to a Criminal Defense Attorney Near Tampa Florida. Casey is also a  Tampa DUI attorney here to fight for you.


What Can be Done Immediately to Fight Criminal Charges After an Arrest and Before a Court Date?


 

Under Florida law, some charges are reviewed by an Assistant State Attorney before the case is set for court and formal charges are filed. At this stage, having your attorney contact the Prosecutor to explain circumstances of the client and the alleged offense can result in a decision to file lesser charges or even no charges at all. Some attorneys agree to represent clients in this early stage. Contact with the assigned lawyer for the State can be made and a request to meet or discuss the pending charges is sometimes a good choice. While contacting the Prosecutor on your own may seem like a good plan, it is not. Anything said by a defendant or potential witness can be used against the suspect. Generally, Prosecutors cannot use statements from the attorney against the client.


Tampa DUI Lawyer


Board Certified Criminal Trial Lawyer and Tampa Criminal Defense Attorney W.F. “Casey” Ebsary Jr. is standing by at the ready to provide a defense for DUI, drug cases, and marijuana grow house cases.  When legal challenges arrive, Tampa’s W F Casey Ebsary, Jr. is a Board Certified Criminal Trial Lawyer, a Criminal Defense Attorney who also helps with personal injury and defends all criminal charges. Casey helps with drug rehabilitation programs and diversion programs including the drug court.


 Criminal Defense Expert fights for You


 

 

Criminal Defense Attorney Near Tampa Florida WF Casey Ebsary Jr. 813-222-2220

W.F. Casey Ebsary, Jr. Criminal Defense Attorney Near Tampa Florida

 

 

Criminal Defense Attorney, “W.F. “Casey” Ebsary, Jr.

Board Certified Specialist

Serious Charge | Serious Defense

 “highest rating issued by these nationally recognized . . .  rating services


Tampa DUI Attorney


There are many Tampa Criminal Defense Lawyers. Only a select few are like Tampa Criminal Defense Lawyer, William F. “Casey” Ebsary, Jr. Casey is a Tampa Attorney who practices in civil disputes and criminal defense of all kinds of charges in State and Federal Court. Casey is a former Criminal Prosecutor. As a Criminal Defense Attorney Tampa ‘s, Mr. Ebsary is AV rated by the Martindale-Hubbell Directory and Lawyers.com. An AV rating is the highest rating issued by these nationally recognized lawyer rating services. An AV Rating shows that a criminal defense attorney has reached the height of professional excellence. AV Trial rated Criminal lawyers have usually practiced Defense law for many years, and are recognized for the highest levels of skill and integrity.

Florida Bar Board Certified 

Board Certified and trial-ready, 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 Criminal Defense Attorney Near Tampa Florida comes in.

Board Certified Specialist, W.F. ”Casey” Ebsary practices extensively in the Federal Court in the Middle District of Florida. If it is more convenient for you, we respond quickly to your call for help. Our phones are answered by a friendly voice and we will quickly get back to you via telephone or email.

Tampa Attorney, Casey Ebsary is a former prosecutor in Tampa Bay, Florida. Casey is ready to help with personal injury and all types of criminal charges .


“Less than 1/2 of 1 percent of Florida’s lawyers have qualified for this distinction.”


Reviews

Had I not found Casey and his team, I would have been extradited from Tennessee to Florida on a 25 year old warrant. Casey and his team got my charges dropped and the warrant cancelled. They were compassionate, diligent in their work, and did their homework on my case. If you need an attorney, Casey is AAA+++.
Jim M.

 

DUI Attorney in Tampa Fighting for You

AV, AV Preeminent, AV Preeminent Rating, Avvo, Board Certified

AV Preeminent Rating,

Criminal Defense Attorney
Lawyers.com | AV Highest Rating

Qualifications of  W.F. “Casey” Ebsary, Jr.

   

Criminal Defense Attorney Near Tampa Florida


Casey is Board Certified in Criminal Trial Law by the Florida Bar Board of Legal Specialization and Education. Less than 1/2 of 1 percent of Florida’s lawyers have qualified for this distinction. Click on the Florida Bar Board Certified Criminal Trial icon below to review Casey’s qualifications.

Need More Information on Tampa Criminal Defense Lawyers?

Call Casey and discuss how he can help you, a loved one, or your family.

Casey can be reached at (813) 222-2220.

Criminal Defense Attorney Near Tampa Florida

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Law Office of W.F. ”Casey” Ebsary Jr
2102 W Cleveland St
Tampa, Florida 33606
(813) 222-2220
[email protected]

Instagram Hacking Not a Computer Crime Says Court in Florida

Instagram Hack Computer Crime

Instagram Hack Not a Computer Crime in Florida

Is Hacking an Instagram Account always a Crime in Florida?

A guy in Florida was convicted of unauthorized computer use. the court reversed his conviction. The guy “logged into his ex-girlfriend’s Instagram account and posted nude photographs of her without her permission.”  The prosecutor claimed that constituted a violation of section 815.06(1)(a), Florida Statutes (2013).

What is Hacking a Computer Network in Florida?

 

Section 815.06 makes it illegal under Florida computer law and states “[w]hoever willfully, knowingly, and without authorization [a]ccesses or causes to be accessed any computer, computer system, or computer network . . . commits an offense against computer users.”  § 815.06(1)(a), Fla. Stat. (2013).

The court reversed the conviction and focussed on three defintions in the law:

  • “Computer” means an internally programmed, automatic device that performs data processing
  • “Computer network” means any system that provides communications between one or more computer systems and its input or output devices, including, but not limited to, display terminals and printers that are connected by telecommunication facilities.
  • “Computer system” means a device or collection of devices, including support devices, one or more of which contain computer programs, electronic instructions, or input data and output data, and which perform functions, including, but not limited to, logic, arithmetic, data storage, retrieval, communication, or control. The term does not include calculators that are not programmable and that are not capable of being used in conjunction with external files. § 815.03, Fla. Stat. (2013).
The state failed to prove that Instagram was a Computer, computer system, or “computer network. The winning argument was that an Instagram account does not fall within any of these statutory definitions.

Instagram Hack Case Excerpt:

“The plain language of the statutory definitions of “computer,” “computer system,” and “computer network” refer to tangible devices, not the data and other information located on the device. Thus, to prove a violation of section 815.06(1)(a) the State must establish that the defendant accessed one of the listed tangible devices without authorization, not that the defendant accessed a program or information stored on the device without authorization. See Rodriguez v. State, 956 So. 2d 1226, 1230 (Fla. 4th DCA 2007) (reversing conviction under section 815.06 because evidence only established that the defendant accessed a “computer function” that he was not authorized to access).”

“Here, the charge against Appellant was based only on the unauthorized access of his ex-girlfriend’s Instagram account, not the computer server on which the account is presumably located. We say “presumably” because the only evidence in the record explaining what Instagram is was the ex-girlfriend’s testimony that it is a form of social media and “a place where you post pictures [and] your friends get to see it.” Nothing in the record establishes or explains how accessing an Instagram account works from a technological perspective, leaving unanswered whether or how Appellant’s actions amounted to accessing a specific computer, computer system, or computer network. Accordingly, in this case, the State failed to provide the necessary evidentiary foundation to prove that Appellant’s actions violated section 815.06(1)(a).”

Revenge Porn Statute Section 784.049, Florida Statutes

 

The court conclude a revenge porn prosecution under Section 784.049, Florida Statutes, that specifically prohibits the publication of sexually-explicit images of a person on the Internet without his or her consent is now a tool prosecutors can use. The court noted the new revenge porn statute was needed because “Florida law does not specifically prohibit posting pictures of a nude adult person on the Internet for viewing by other adults if the picture was taken with the knowledge and consent of the person”.

Source: Crapps v State, CASE NO. 1D14-4569 (Fla 1st DCA Dec 8, 2015).https://edca.1dca.org/DCADocs/2014/4569/144569_DC08_12082015_090851_i.pdf

 

The Web Mob a/k/a La Cosa Webstra

Millions of stolen credit card numbers and other personal identification information are available for less than ten dollars according to experts at Baseline magazine and the United States Department of Justice. Unlike Michael Corleone’s crew, these mobsters exist solely in cyberspace. Phishing expeditions are their forte, with estimates of between 75 and 150 million scam emails sent daily.

Virtual Hit Men

Recently one large data collector was hit by mobsters who stole or accessed nearly 150,000 consumer records, credit reports, and Social Security numbers. This gang hides behind digital aliases, screen names, and nicknames. To punish wayward gang members, enforcers will publish the true names and identifying information of formerly anonymous transgressors on websites. Supplying the rat’s true identity to law enforcement virtually assassinates the individual in cyberspace.

The Secret Service recently tracked down one such gang. With 28 arrests, 19 indictments, and 4,000 gang members, the Government has penetrated one of the largest, if not the largest known web mob. Again, unlike secret meetings of the heads of the families, the web mobs met in web based discussion forums where they discussed and attempted to perfect the stealing and the forging of bankcards, and a myriad of other personal identification documents. They cloak their identities and encrypt their communications.

Web Mob Busted

Agents with the Secret Service staged synchronized raids on several gang members. Since word travels fast in cyberspace, they simultaneously knocked on dozens of doors across the country while the gang members were chatting and plotting in a web-based forum. By moving in concert, they captured the capos before they could compromise further investigation by publicizing the bust and/or destroying computer records of their dark deals. Eventually the agents took control of the mob’s website and posted a warning on their homepage to those not yet busted – “Contact your local United States Secret Service field office before we contact you!!!”

In the digital equivalent of a bunch of televisions falling off Tony Soprano’s truck, batches of credit card data were falling off electronic trucks and onto the hard drives of gang members. They tested batches of purloined information to grade and evaluate the data for accuracy and to determine whether or not the card numbers were cancelled or valid. Testing of the data consisted of illicit entry into a retailer’s computer and running a series of nominal charges for each card number to see if the charges were approved or declined. Once tested and graded, the data is sold to the highest bidder on clandestine websites.

Bottom Line

According to the Secret Service, a credit card with a $10,000 limit would sell for between $1 to $10 dollars or more. E-mail addresses and associated personal identification information are cheaper – they go for a few cents each. From high school dropouts to post graduate students of Information Technology, cyber criminals now use the illusion of anonymity and take unrestricted license with confidential information housed on the world’s computer networks.

Authors: W.F. “Casey” Ebsary, Jr., CentralLaw.com and Albert Lucas, B.A. Mathematics

Securing a Cable Modem Against Computer Criminals

As the use of commercial broadband cable modem’s flourishes, the opportunity for computer criminals or hackers to attack computers attached to these networks similarly has skyrocketed. Unbeknownst to most users, a cable modem provides easy access to an attached computer. Protection of these computers is a three-stage process.

A first line of defense against malicious access is a hardware firewall. Without a hardware firewall, the attached computer is easily accessible. With a hardware firewall such as a Linksys Cable/Broadband router as the first layer of protection a hacker will not be able to see your computer as a first device attached to your cable modem.

The second line of defense is a software firewall. A heuristic firewall such as ZoneAlarm looks for suspicious activity per se in addition to an ever-evolving defined list of threats. ZoneAlarm uses a permission-based system to allow access to and from the Internet to be granted or denied by a user. For example, a number of attacks on Windows operating systems using Outlook as an email client, have exploited easy access to the Outlook
contacts database. Once accessed those attackers replicate themselves and redistribute information from the attacked computer to email addresses found on the victim’s computer. Obviously, distribution of confidential client information is not an option for any of us. So not protecting our information is not an option either.

The third and final line of defense is maintenance of current virus protection software. Most top of the line software packages will automatically access the publisher’s website to obtain a current list of threats or virus definitions. This third line of defense will provide protection in the event the other two layers do not intercept the malicious file(s) that can compromise your home or office network.

Remember that your security system is only as strong as the weakest link. So while we obviously will focus on our desktop computers, legitimate remote access to our networks with a laptop from home or from onsite from a courtroom or client’s office, will provide opportunities for hackers to exploit our systems. You must make sure that all devices accessing our networks are equipped to deter hackers. Furthermore all users must be aware of the best practices to prevent illicit access to your firm’s digital resources.

Phishing and Spoofing

Phishing

Phishing is not to be confused with ‘fishing.’ There is no cast net, no baiting of the hook, and no minnow awaiting a large-mouth bass. But there are plenty of wireless fly rods out there. What do I mean? Specifically, an enterprising nerd or computer wizard of the binary-off generation can send you a disguised email representing a company you know and highly regard. The message may be duplicating a well-known logo in a misleading email suggesting you, the gullible, reply and update their files. They will frequently ask for a Social Security Number, credit card number, username and password, and/or your bank account number. Such data provides a license for identity theft. It goes on all the time. You read stories of months and months of futile effort to rectify credit reports done in by the virtual criminals. Frequently, the bait appears as an online financial intermediary asking for an update of personal information. In reality, takers just feed the ‘phisher’ valuable key information used to exploit the theft of the vulnerable victims’ identities.

Spoofing

Another popular indoor sport for some phisherman is spoofing. The digital sportsmen are hacking wireless cellular networks. First, the angler finds a cellular telephone with voice mail. Second, the piscator spoofs the cellular phone number, fooling the cellular network into authorizing access to the cellular telephone’s features. Third, the woesome whaler harvests the data and voicemail stored in the victim’s account. Data can include voicemail, user identification information, address books, photos, and passwords.

Explaining

How do they do it? Spoofing is easier and simpler than compromising most computer networks. We will not publish specifically where to go to spoof caller identification information. However, accept as fact, that information appearing to identify a caller can be falsified. Some cellular providers allow users to turn off the requirement that passwords be entered when accessing services from the user’s handset. The cellular caster then calls a cell phone number whose password is not required by the user – an option popular among many callers. The happy harpooner then gains entry into the victim’s voice mail, can control the options available to users (both authorized and otherwise), and has reign over whatever data and information is stored therein. A celebrity such as Paris Hilton and all her friends in her address book know all about it.

Preventing

Avoiding phishing and spoofing requires vigilance. Don’t supply usernames and passwords to anyone. Networks and providers already know your username and password. Change passwords regularly and use your cell phone pin number to access your voicemail every time no matter how busy you may be. These basic precautions will not stop the ever-advancing threats, but will provide a safety net. Be wary and be warned from your lighthouse attendant from on the bay.

Authors: Albert Lucas, B.A. Mathematics and W.F. “Casey” Ebsary, Jr., CentralLaw.com

Electronic Fingerprints

Electronic fingerprints remain available for review if you know what to look for. The skeletal remains of files deleted or history of persons and places visited are seemingly hidden in the world behind the computer’s display. A plan to recover this information by a team with computer forensic expertise can be a powerful tool for civil and criminal litigants, for law enforcement, and for computer support services.

File deletion either through an accident, an application, or through the familiar desktop icon, the trashcan, seldom makes recovery of the deleted files impossible. Use of these commands on most computers merely delays the inevitable recovery of the files by those with a desire to do so. Most computers delete files by eliminating entries on the directory or index of the hard drive, but really the data associated with those entries remains accessible. Experts frequently analogize such deletions to the tearing of the table of contents from a book. Even though the outline of the book has been removed, pages of content remain.

Many common consumer applications can resolve these deleted files. Recovery of the files for evidentiary purposes requires the use of a computer forensics expert. These professionals use techniques designed to maintain chains of custody and software designed to assure an audit trail for files recovered. Professional recovery using scientifically valid recovery methods prevents claims that files recovered are not admissible for a number of evidentiary foundational reasons.

The computer forensics expert can also help devise a strategy to efficiently recover relevant data from diverse types of storage devices and from a number of geographically distinct storage locations. A well-planned search strategy can maximize an investment made in a forensic investigation. One megabyte of data is roughly 180,000 words of text or about the size of a typical novel. One gigabyte of data is 1,000 megabytes and will contain the information that one might find in 1,000 books.

With the price per megabyte of storage plummeting, large capacity storage devices capable of storing 120 gigabytes are common and cost less than $200.00. A poorly planned or executed search strategy can be quite costly. Searching the wrong storage device or looking in the wrong places will mobilize a marathon of futility; like searching 120,000 books in the wrong library.

Tampa Computer Trial Attorney – Lawyer on Computers in Court

Tampa Computer Trial Attorney on Computers in Court

Law Enforcement and attorneys for the other side have a team working against you. Why not have your own Forensics Team working for you? More than ninety percent (90%) of documents are now created electronically, and less than thirty percent (30%) of those electronic documents are ever converted to paper. Rules on preserving electronically stored information and strategies to recover that data make having a Forensic eDiscovery team more important than ever before.

 

Tampa Computer Trial Attorney - Lawyer
Police have specialized equipment analyzing original digital media such as hard drives, disks, and flash drives, and optical disk drives in the computer forensics lab. There is special hardware and software that retrieves evidence from cell phones, including text messages (SMS) and pictures. For computers, specialized software is used to examine the computers and extract the evidence. We can too.

 

We use a team of attorney(s) and forensics expert(s) to help sort through data used in prosecution of federal indictments and state charges, fraud, hacking, theft of trade secrets, and other forms of cybercrimes.

 

With surge in popularity of mobile devices we can now forensically retrieve Information from mobile devices.  We also provide help in searching corporate e-mail, personal e-mail, Short Message Service (SMS) text messages, personal notes, calendar entries, photographs, address books, and inbound and outbound call logs. This type of information can be invaluable to prove certain facts for a case.

Remember – an expert can help preserve the chain of custody and this data can then be used in litigation.

Computer in Court? Tell Me Your Story 813-222-2220 .

Blackshades Bogus Busts?

FBI, Informant, FBI, DOJ, Blackshades, cybercrime, cyber,

FBI, Informant, FBI, DOJ, Blackshades

Blackshades Busts

The Blackshades investigation began with an unrelated bust and this week we have reports of Feds spanning the world conducting dozens of interviews. The FBI claims this huge cybercrime bust in Operation Blackshades or the Blackshades Global Takedown . Our forensics team is ready for the fight.


 

One cooperating witness may have oversold the feds on Blackshades resulting in Bogus Busts for those who never used the package or where there is no log data to support the charges. Here are some quotes from the Feds. One commentator agrees with us. “Blackshades is only one of many remote access tools. Dozens are available in the black and gray market, as wall as being marketed more normally to remote workers and worried parents. If purchasing or downloading remote access software is grounds for a search warrant or arrest, the civil liberties implications are worrying.”

 

 “Alex Yucel, as alleged in charging documents, headed the organization that developed and sold the Blackshades remote access tool, or RAT. The Blackshades RAT gave cyber criminals the ability to take over a computer from an unsuspecting victim. Armed with $40, a computer, and access to the Internet, a cyber criminal could use the Blackshades RAT to spy on, steal from, or extort an unsuspecting victim anywhere in the world.”

 

 “The tool allowed cyber criminals to steal passwords and banking credentials; hack into social media accounts; access documents, photos, and other computer files; record all keystrokes; activate webcams; hold a computer for ransom; and use the computer in distributed denial of service [DDoS] attacks.”

Open WiFi Port Gets A Visit From Feds

cybercrime, Child Porn, Computer Investigations, computer forensic, child pornography, Child Porn Defense Attorneys

Cybercrime, Child Porn, Computer Investigations

Wi Fi Bust

Florida Computer Crime Defense Attorney / Lawyer notes a Florida guy got a visit from the Feds, after a long distance wireless antenna was used to access his network on the 12th Floor of a Tampa Bay area condominium. The guy the Feds eventually busted was on a boat in the bay and was eventually indicted.

This Tampa Bay story has become national news. 

Call me Toll Free 1-877-793-9290 if you or a loved one have questions.

Tampa Criminal Defense Attorney Update | Cut, Copy, and Paste Not Florida Porn Violation

child pornography, cyber, cybercrime,

Child Pornography, Cybercrime,

Cut, Copy, and Paste

“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 U.S.C. § 2256(8)(C) (2008).”
Tampa Criminal Defense Attorney reports a decision of the Florida Court of Appeal where, “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.” do not constitute violation of the Florida Statutes. Section 827.071(5) proscribes the possession of child pornography, in pertinent part, as follows: It is unlawful for any person to knowingly possess a photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, he or she knows to include any sexual conduct by a child. The possession of each such photograph, motion picture, exhibition, show, representation, or presentation is a separate offense.

“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.”


The court ruled “If the legislature had intended to proscribe the possession of composite images that simulate lewd and lascivious exhibition of the genitals, it could have included a provision doing so.  In fact, child pornography has been defined in the federal statutes to specifically include composite images.” See 18 U.S.C. § 2256(8)(C) (2008).

 

The Tribune reports, “The U.S. Supreme Court in 2002 overturned a federal law that made computer-simulated child pornography illegal. The high court ruled that because the computer-generated depictions were not the product of the actual sexual abuse of children they were protected by the First Amendment.”
 
You can call Casey at 1-877-793-9290 for a free phone consultation.
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Sources: https://www.2dca.org/opinions/Opinion_Pages/Opinion_Page_2010/December/dec0310.shtml

https://www2.tbo.com/content/2010/dec/03/031558/child-porn-conviction-of-ex-polk-principal-overtur/news-breaking/

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