Articles Posted in Criminal Defense

911 Recording Violates Wiretap Statute Florida Criminal Defense Attorney notes that a call from a 911  dispatcher TO a crime scene violated the Florida Wiretap Statute “section 934.03(2)(g)2, which the court broadly construed to allow an emergency agency to intercept and record  any  wire communication in order to acquire necessary information to render aid and assistance.” Complete Opinion…

Tampa Federal Criminal Defense Attorney was just informed that a Florida Lawyer’s Mail Fraud conviction in a United States District Court in Florida was eviscerated by the 11th Circuit: “A jury convicted Joseph T. Lander on mail fraud and money laundering charges related to two separate fraudulent schemes, and he appealed. The Eleventh Circuit held…

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…

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,…

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

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.…

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…

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…

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…

Cell Phone Search | Evidence Suppressed Criminal Defense Attorney / Lawyer notes a recent Cell Phone Search ruling on a Motion to Suppress Evidence, filed pursuant to Rule 3.190(h), Florida Rules of Criminal Procedure. Search and seizure law can apply to cell phones. Lately cops have been searching the phones and calling them a Search incident to arrest. Sometimes cops claim they…