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Federal Prisoner Handbook | Free Download

Posted on October 25, 2010 by W.F. Casey Ebsary

Residential Drug Abuse Treatment, RDAP, Bureau of Prisons, Drug Abuse Treatment, Federal Criminal Defense Attorney, Drug Treatment,

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:

“1. Residential drug abuse programming is available at selected Bureau of Prisons institutions. It is a course of individual and group programs provided by a team of Drug Treatment Specialists and the Drug Abuse Program Coordinator in a treatment unit set apart from the general population. 2. The RDAP runs a minimum of 500 hours over a nine to twelve month period depending on individual progression.”

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:

1. Drug Education Program: 10 – 15 hours course which is offered at this facility.

2. Non-residential drug treatment: Involves individual as well as group programming, also available at this facility.

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

The Federal Prison Handbook is a free download located here.

Automobile Glovebox Search Thrown Out

Posted on October 25, 2010 by W.F. Casey Ebsary

Automobile Search, glove box, Search and Seizure

Search Seizure Automobile

Weapons Found in Car Suppressed

“movements towards the glove box did not justify a search based on officer safety”

Florida Defense Attorney just received news of a Automobile Search and Seizure case where the defendant fled from police. The vehicle came to rest. The cop watched the defendant reaching towards the dashboard on the passenger side. Police ordered the defendant to show his hands and step out of the car.

The suspect was handcuffed the cops found no weapons on him. Other officers took custody of the defendant. The defendant was separated from his car, in handcuffs, under the supervision of backup officers. The traffic stop cop then seized defendant’s car keys, unlocked the glove box, and found a firearm. The Second District Court ruled that the defendant’s furtive movements towards the glove box did not justify a search based on officer safety. The court held that the law enforcement officer (LEO) could not have reasonably believed that he would find evidence of the defendant s fleeing and eluding in the glove box. Under Arizona v. Gant, the firearm must be suppressed. The case is attached and the firearm statute is below.

Automobile Searched? Tell me about it Toll Free 1-877-793-9290 .

790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.

(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:

(a) Convicted of a felony in the courts of this state;

(b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;

(d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or

(e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.

Source: 35 Fla. L. Weekly D533b (Fla. 2d DCA March 5, 2010) Special Thanks to Rocky Brancato, Associate Attorney Office of the Public Defender

Resisting Officer Without Violence

Posted on October 23, 2010 by W.F. Casey Ebsary

Resisting Arrest Without Violence

843.02 Resisting officer without
violence to his or her person

Resisting Arrest Without Violence

Tampa Florida Criminal Defense Attorney was just reviewing a case of Resisting an Officer Without Violence. The defendant gave a false name and date of birth DOB to a cop. The court ruled that was insufficient to support a conviction since the defendant was not under arrest nor was the defendant being lawfully detained when he provided the false information. The defendant should have been acquitted, so says the appeals court. Motion for judgment of acquittal.(JOA) granted.

Resisting or Not? Call me for a Free Phone Consultation 1-877-793-9290 .

843.02 Resisting officer without violence to his or her person.

Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Source: 35 Fla. L. Weekly D368a

BATT1001 BATTERY (VICTIM OVER 65)

Posted on September 29, 2010 by W.F. Casey Ebsary

Victim Over 65 Battery, BATTERY (VICTIM OVER 65), BATT1001, 784.03.1A

Victim Over 65 Battery

If you have been charged with BATT1001 BATTERY (VICTIM OVER 65) you can call a Tampa Criminal Defense Attorney for FREE at 1-813-222-2220 and tell me your story.

Form Code: BATT1001

Florida Statute: 784.03.1A
Level: Fel (Felony)
Degree: 3rd
Description: BATTERY (VICTIM OVER 65)

BATT1001 BATTERY (VICTIM OVER 65) is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.03 Battery; felony battery.

(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.

BATT1006 BATTERY SECOND OR SUBSEQUENT OFFENSE

Posted on September 29, 2010 by W.F. Casey Ebsary

Battery Second Offense

If you were not represented the first time, DO NOT MAKE THE SAME MISTAKE.

If you have been charged with BATT1006 BATTERY SECOND OR SUBSEQUENT OFFENSE you can call a Tampa Criminal Defense Lawyer NOW FOR FREE at 1-877-793-9290 and tell me your story.

Form Code: BATT1006

Florida Statute: 784.03.2
Level: Level: Fel (Felony)
Degree: 3rd

Description: BATTERY SECOND OR SUBSEQUENT OFFENSE

BATT1006 BATTERY SECOND OR SUBSEQUENT OFFENSE is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.03 Battery; felony battery.

(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

BATT1007 BATTERY (SECOND OR SUBSEQUENT OFFENSE) DV

Posted on September 29, 2010 by W.F. Casey Ebsary

Felony Battery Domestic Violence

Battery Domestic Violence Felony

“intentionally touches or strikes another person against the will of the other . . . person who has one prior conviction for battery”

Felony Battery Domestic Violence

If you have been charged with BATT1007 BATTERY (SECOND OR SUBSEQUENT OFFENSE) DV you can call a Battery Defense Attorney in Tampa for FREE at 813-222-2220.

Form Code: BATT1007
Florida Statute: 784.03.2
Level: Level: Fel (Felony)
Degree: 3rd

Description: BATTERY (SECOND OR SUBSEQUENT OFFENSE) DV

BATT1007 BATTERY (SECOND OR SUBSEQUENT OFFENSE) DV is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.03 Battery; felony battery.

ASSA5050 AGGRAVATED ASSAULT ON LAW ENFORCEMENT OFFICER

Posted on September 28, 2010 by W.F. Casey Ebsary

Aggravated Assault on LEO, 784.021.1A, ASSA5050

Aggravated Assault on LEO

“aggravated assault is an assault with a deadly weapon without intent to kill”

If you have been charged with ASSA5050 AGGRAVATED ASSAULT ON LAW ENFORCEMENT OFFICER you can call an Aggravated Assault Criminal Defense Lawyer in Tampa at 813-222-2220 and tell your story.

Form Code: ASSA5050
Florida Statute: 784.021.1A
Level: Fel (Felony)
Degree: 2nd

Description: AGGRAVATED ASSAULT ON LAW ENFORCEMENT OFFICER

ASSA5050 AGGRAVATED ASSAULT ON LAW ENFORCEMENT OFFICER is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.021 Aggravated assault.

(1) An “aggravated assault” is an assault:

(a) With a deadly weapon without intent to kill

ASSA1010 ASSAULT ON A LAW ENFORCEMENT OFFICER

Posted on September 28, 2010 by W.F. Casey Ebsary

Assault on Law Enforcement Officer, 784.011, ASSA1010

Assault on LEO
Law Enforcement Officer

“assault” is an intentional, unlawful threat by word or act to do violence to the person of another

Assault on Law Enforcement Officer

If you have been charged with ASSA1010 ASSAULT ON A LAW ENFORCEMENT OFFICER you can call a Tampa Assault Defense Attorney at 813-222-2220 and tell me your story.

Form Code: ASSA1010

Florida Statute: 784.011

Level: Misd (Misdemeanor)

Degree: 1st

Description: ASSAULT ON A LAW ENFORCEMENT OFFICER

ASSA1010 ASSAULT ON A LAW ENFORCEMENT OFFICER is often charged in Hillsborough County, Florida.

Title XLVI CRIMES

Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.011 Assault.

(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Notice To Appear | Tampa Hillsborough

Posted on September 23, 2010 by W.F. Casey Ebsary

Notice To Appear
Tampa Hillsborough Florida

Tampa Defense Attorney just researched Notices to Appear under Florida Law. Florida law allows police to issue a Notice to Appear for misdemeanors or violations of municipal or county ordinances instead of making an arrest. Failure to appear before the court can result in not more than the fine of the principal charge, jail up to the maximum sentence of imprisonment, and the court can punish for contempt of court. Types of Charges include: Possession of Alcohol; I have written before about Open Container Charges in Tampa, Florida.

Notice to Appear? Tell Me Your Story Toll Free 1-877-793-9290 .

Chapter 901 ARRESTS

901.28 Notice to appear for misdemeanors or violations of municipal or county ordinances; effect on authority to conduct search. — The issuance of a notice to appear shall not be construed to affect a law enforcement officer’s authority to conduct an otherwise lawful search, as provided by law.

901.31 Failure to obey written promise to appear.—Any person who willfully fails to appear before any court or judicial officer as required by a written notice to appear shall be fined not more than the fine of the principal charge or imprisoned up to the maximum sentence of imprisonment of the principal charge, or both, regardless of the disposition of the charge upon which the person was originally arrested. Nothing in this section shall interfere with or prevent the court from exercising its power to punish for contempt.

Tampa Attorney on Search and Seizure | Incident to Arrest | Vehicle

Posted on September 22, 2010 by W.F. Casey Ebsary

Search Incident to Arrest, Vehicle Search

Search and Seizure Vehicle Glovebox

Court tossed the Evidence seized in the Car

“The cop said he saw “furtive movements” near the glove box.”

For this Tampa Criminal Defense Attorney, Search and seizure of a vehicle glove box has been the subject of a recent research project. Vehicles are frequently searched Incident to arrest. One court ruled that Police could not reasonably believe there would be evidence relevant to crime of fleeing and eluding found in a vehicle’s glove compartment. The cop said he saw “furtive movements” near the glove box. The cops claimed officer safety concerns. The court found at time of the vehicle search, the defendant was handcuffed, not near the car, and in the custody of backup officers. The trial court tossed the evidence seized in the car and the appeals court agreed.

Search and Seizure Questions? Ask me 813-222-2220 .

Source: 35 Fla. L. Weekly D533b