Home » Blog » Posts by W.F. Casey Ebsary

TRAF6003 EXPIRED DRIVERS LICENSE MORE THAN 4 MONTHS

Posted on September 18, 2010 by W.F. Casey Ebsary

TRAF6003 Expired Driver’s License Over 4 Months

Expired Driver’s License
Over 4 Months

Let’s get you back on the Road today!

If you have been charged with TRAF6003 EXPIRED DRIVERS LICENSE MORE THAN 4 MONTHS you can call a Driver’s License Defense Attorney in Tampa at 1-877-793-9290 and tell your story.

Form Code: TRAF6003

Florida Statute: 322.03.5
Level: Misd (Misdemeanor)
Degree: 2nd

Description: EXPIRED DRIVERS LICENSE MORE THAN 4 MONTHS

TRAF6003 EXPIRED DRIVERS LICENSE MORE THAN 4 MONTHS is often charged in Hillsborough County, Florida.

Title XXIII MOTOR VEHICLES
Chapter 322 DRIVERS’ LICENSES

322.03 Drivers must be licensed; penalties.

(5) It is a violation of this section for any person whose driver’s license has been expired for more than 6 months to operate a motor vehicle on the highways of this state.

MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND

Posted on September 16, 2010 by W.F. Casey Ebsary

Possess Alcohol Under 21

If you have been charged with MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND you can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.

Form Code: MISC0112
Florida Statute: 562.111
Level: Misd (Misdemeanor)
Degree: 2nd
Description: POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND

MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND is often charged in Hillsborough County, Florida.

Title XXXIV ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 562 BEVERAGE LAW: ENFORCEMENT

562.111 Possession of alcoholic beverages by persons under age 21 prohibited.

(1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) The prohibition in this section against the possession of alcoholic beverages does not apply to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting the alcoholic beverages as part of the student’s required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and that is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary education institution; if the student is enrolled in the college and is tasting the alcoholic beverages only for instructional purposes during classes that are part of such a curriculum; if the student is allowed only to taste, but not consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in the possession and control of authorized instructional personnel of the college who are 21 years of age or older.

(3) In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator’s driver’s license or driving privilege, as provided in s. 322.056.

MISC0019 LOITERING OR PROWLING

Posted on September 16, 2010 by W.F. Casey Ebsary

Loitering and Prowling, 856.021, MISC0019

Loitering Prowling

“unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals”

Loitering and Prowling

If you have been charged with MISC0019 LOITERING OR PROWLING you can call a Loitering and Prowling Defense Attorney at 813-222-2220.

Form Code: MISC0019
Florida Statute: 856.021
Level: Misd (Misdemeanor)
Degree: 2nd

Description: LOITERING OR PROWLING

MISC0019 LOITERING OR PROWLING is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 856 DRUNKENNESS; OPEN HOUSE PARTIES; LOITERING; PROWLING; DESERTION

856.021 Loitering or prowling; penalty.

(1) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

(2) Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.

(3) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

CHAB1600 CHILD ABUSE

Posted on September 16, 2010 by W.F. Casey Ebsary

Child Abuse

Felony Child Abuse

“Child abuse” means Intentional infliction of physical or mental injury upon a child”

Felony Child Abuse

If you have been charged with CHAB1600 CHILD ABUSE you can call a Tampa Child Abuse Defense Attorney at 813-222-2220 and tell me your story.

Form Code: CHAB1600
Florida Statute: 827.03.1
Level: Fel (Felony)
Degree: 3rd

Description: CHILD ABUSE

CHAB1600 CHILD ABUSE is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 827 ABUSE OF CHILDREN

827.03 Abuse, aggravated abuse, and neglect of a child; penalties.

(1) “Child abuse” means:

(a) Intentional infliction of physical or mental injury upon a child;

(b) An intentional act that could reasonably be expected to result in physical or mental injury to a child; or

(c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.

A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

BATT6000 AGGRAVATED BATTERY ON PREGNANT FEMALE

Posted on September 16, 2010 by W.F. Casey Ebsary

BATT6000 Pregnant Female Aggravated Battery

Pregnant Female Aggravated Battery

If you have been charged with BATT6000 AGGRAVATED BATTERY ON PREGNANT FEMALE you can call a Defense Attorney Tampa at 1-877-793-9290 and tell me your story.

Form Code: BATT6000

Florida Statute: 784.045.1B
Level: Fel (Felony)
Degree: 2nd

Description: AGGRAVATED BATTERY ON PREGNANT FEMALE

BATT6000 AGGRAVATED BATTERY ON PREGNANT FEMALE is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.045 Aggravated battery.

(1)(a) A person commits aggravated battery who, in committing battery:

1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or

2. Uses a deadly weapon.

(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.

(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

WEAP1050 CARRYING CONCEALED WEAPON

Posted on September 16, 2010 by W.F. Casey Ebsary

Carry Concealed Weapon WEAP1050

Carry Concealed Weapon

If you have been charged with WEAP1050 CARRYING CONCEALED WEAPON you can call a Defense Attorney Tampa at 813-222-2220 and tell your story.

Form Code: WEAP1050

Florida Statute: 790.01.1
Level: Misd (Misdemeanor)
Degree: 1st

Description: CARRYING CONCEALED WEAPON

WEAP1050 CARRYING CONCEALED WEAPON is often charged in Hillsborough County, Florida.

Title XLVI CRIMES

Chapter 790 WEAPONS AND FIREARMS

790.01 Carrying concealed weapons.

(1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Federal Indictment | Conspiracy | Trafficking Counterfeit Goods | Mail Fraud

Posted on September 14, 2010 by W.F. Casey Ebsary

Trafficking Counterfeit Goods, Conspiracy, Mail Fraud

Conspiracy Trafficking Counterfeit

Trafficking Counterfeit Electronics and Components

Tampa Federal Criminal Defense Attorney in the Middle District of Florida has just obtained excerpts from a recent indictment for Conspiracy, Trafficking Counterfeit Goods, and Mail Fraud involving electronic components:

“The devices are used in a variety of applications including consumer electronics, transportation, medical, spacecraft, and military. Counterfeit integrated circuits can result in product or system failure or malfunction, and can result in costly system repairs, property damage, and serious bodily injury, including death. Such counterfeits also raise national security concerns because the history of the device is unknown, including who has handled it and what has been done to it.”

A recent (January 2010) study outlined the Government’s position on the prevalence of counterfeit electronics and components. The Executive Summary states in part, “The purpose of this study is to provide statistics on the extent of the infiltration of counterfeits into U.S. defense and industrial supply chains, to provide an understanding of industry and government practices that contribute to the problem, and to identify best practices and recommendations for handling and preventing counterfeit electronics.”

Here is a complete copy of the recent Government Report on Counterfeit Electronics and Components.

Questions About Federal Indictments? Call Me Toll Free 1-877-793-9290

WEAP7005 FELON IN POSSESSION OF A FIREARM

Posted on September 14, 2010 by W.F. Casey Ebsary

Felon in Possession Firearm, 790.23.1, WEAP7005, Felon in Possession Firearm

Felon in Possession Firearm

If you have been charged with WEAP7005 FELON IN POSSESSION OF A FIREARM you can call a Tampa Criminal Defense Lawyer at 813-222-2220 and tell me your story.

Form Code: WEAP7005

Florida Statute:790.23.1
Level: Fel (Felony)
Degree: 2nd
Description: FELON IN POSSESSION OF A FIREARM

WEAP7005 FELON IN POSSESSION OF A FIREARM is often charged in Hillsborough County, Florida.

Title XLVI CRIMES

Chapter 790 WEAPONS AND FIREARMS

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.

MISC4001 VIOL DOMESTIC VIOLENCE INJUNCTION

Posted on September 14, 2010 by W.F. Casey Ebsary

Violation Domestic Violence Injunction, 741.31.4A2, MISC4001, VIOL DOMESTIC VIOLENCE INJUNCTION,

Violation Domestic Violence
Injunction

You may not have been represented when the injunction was issued.

DO NOT MAKE THE SAME MISTAKE AGAIN.

If you have been charged with MISC4001 VIOL DOMESTIC VIOLENCE INJUNCTION you can call a Tampa Criminal Defense Attorney at 1-877-793-9290 and tell me your story.

Form Code: MISC4001

Florida Statute: 741.31.4A2
Level: Misd (Misdemeanor)
Degree: 1st
Description: VIOL DOMESTIC VIOLENCE INJUNCTION

MISC4001 VIOL DOMESTIC VIOLENCE INJUNCTION is often charged in Hillsborough County, Florida.

Title XLIII DOMESTIC RELATIONS
Chapter 741 MARRIAGE; DOMESTIC VIOLENCE

741.31 Violation of an injunction for protection against domestic violence.

(4)(a) A person who willfully violates an injunction for protection against domestic violence issued pursuant to s. 741.30, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, by:

1. Refusing to vacate the dwelling that the parties share;

2. Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member;

3. Committing an act of domestic violence against the petitioner;

4. Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;

5. Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party;

6. Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;

7. Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or

8. Refusing to surrender firearms or ammunition if ordered to do so by the court commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) 1. It is a violation of s. 790.233, and a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for a person to violate a final injunction for protection against domestic violence by having in his or her care, custody, possession, or control any firearm or ammunition.

2. It is the intent of the Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this paragraph shall not apply to a state or local officer as defined in s. 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency, unless otherwise prohibited by the employing agency.

PROS3101 PROSTITUTION

Posted on September 13, 2010 by W.F. Casey Ebsary

Prostitution, PROS3101

Prostitution Lewdness

If you have been charged with PROS3101 PROSTITUTION you can call a Tampa Defense Lawyer at 813-222-2220 and tell your story.

Form Code: PROS3101

Florida Statute: 796.07.2E
Level: Misd (Misdemeanor)
Degree: 2nd
Description: PROSTITUTION

PROS3101 PROSTITUTION is often charged in Hillsborough County, Florida.

Title XLVI CRIMES

Chapter 796 PROSTITUTION

796.07 Prohibiting prostitution, etc.; evidence; penalties; definitions.

(1) As used in this section:

(a) “Prostitution” means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.

(b) “Lewdness” means any indecent or obscene act.

(c) “Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.

(d) “Sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or vaginal penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation; however, the term does not include acts done for bona fide medical purposes.

(2) It is unlawful:

(e) To offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation.