Criminal Defense News

TrueCrypt and the Fifth Amendment Federal Defense Attorney just won a case where the defendant was ordered to decrypt a hard drive the government had lawfully seized. Feds tried to force a defendant to give up a password used to encrypt several hard drives using TrueCrypt. Case Excerpts: “The Fifth Amendment protects Doe’s refusal to decrypt and produce the contents of the media devices because the act…

ESI Discovery in Federal Criminal Cases Federal Criminal Defense Attorney just received an excellent checklist and  list of principles to be applied in electronic discovery in criminal cases. Thanks to our Federal defense lawyer for this excellent outline. Below the principles are a quick ESI checklist. “Today, most information is created and stored electronically. The advent of electronically stored information (ESI)…

Criminal Defense for USF Campus Students, Visitors, and Faculty Tampa Attorney Casey Ebsary is available to help with Criminal Defense for University of South Florida Students and Faculty. At USF there is Student Code of Conduct that the University officials attempt to enforce, even for activities that are not on campus. There are 23 separate offenses that can cause…

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…

“the Court finds that the Petitioner simply lacked the ability to perform the test as requested; consequently, his failure to provide a urine sample cannot constitute willful refusal” Refusal to Submit to Chemical Test DUI Defense Attorney Lawyer has previously written about refusal to take a drug urine test under § 322.2615(13) after blowing under .08 on a DUI Breath…

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,…

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…

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