Category Archives: Criminal Defense

Polk Marijuana Defense Attorney 813-222-2220 – Drug Crimes – Cannabis

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Polk County Marijuana Law

Polk County Marijuana Law

Drug2Go.com and Polk Marijuana Defense Attorney now have a FREE fully searchable Polk Drug Crimes Cannabis Marijuana defense database on marijuana and drug charges in Florida. This video discusses and Compares How to use probable cause in criminal cases and the possibility of drug charges being dropped or dismissed when police illegally improperly search for and then seize contraband without a Search Warrant. Casey reviews the Minimum Mandatory sentences that may apply to some Marijuana and Cannabis Drug Trafficking cases. W.F. “Casey” Ebsary, Jr. is a Board Certified Criminal Trial Attorney, a specialist who defends drug crimes in Polk County, Florida.

 

Transcript: [Polk Marijuana Defense Attorney Narrates] Hundreds of people are arrested every day. You may be one of them. I spend most of my time defending cases in State and Federal Courts. Many times drug crimes arise from searches of motor vehicles. Sometimes police will stop a car and then search it. Sometimes we are able to attack these searches when police do not have reasonable suspicion or probable cause to search the motor vehicle. In the event we can suppress the evidence, we may be able to have the drug charges dismissed, since there is no longer any evidence to be admitted against you in a criminal prosecution and evidence becomes unavailable for admission in a trial. I have arrived at my destination – one of the many courthouses in Tampa Bay where I help people. Let me help you. Criminal charges in State or federal Court? Let me help. Call me at 813-222-2220. Let me drive to court to help you.[End of Polk Cannabis Defense Lawyer Narration]

Pasco Marijuana Defense Attorney 813-222-2220 – Drug Crimes – Cannabis

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Drug2Go and Pasco Marijuana Defense Attorney have a fully searchable Pasco Drug Crimes Cannabis Marijuana defense database on marijuana and drug charges in Florida. This video discusses and Compares How to use probable cause in criminal cases and the possibility of drug charges being dropped or dismissed when police improperly search for and then seize contraband. Casey reviews the Minimum Mandatory sentences that may apply to some Drug Trafficking cases. W.F. “Casey” Ebsary, Jr. is a Board Certified Criminal Trial Attorney, a specialist who defends drug crimes in Pasco County, Florida.

 

Transcript: [Pasco Marijuana Defense Attorney Narrates] Hundreds of people are arrested every day. You may be one of them. I spend most of my time defending cases in State and Federal Courts. Many times drug crimes arise from searches of motor vehicles. Sometimes police will stop a car and then search it. Sometimes we are able to attack these searches when police do not have reasonable suspicion or probable cause to search the motor vehicle. In the event we can suppress the evidence, we may be able to have the drug charges dismissed, since there is no longer any evidence to be admitted against you in a criminal prosecution and evidence becomes unavailable for admission in a trial. I have arrived at my destination – one of the many courthouses in Tampa Bay where I help people. Let me help you. Criminal charges in State or federal Court? Let me help. Call me at 813-222-2220. Let me drive to court to help you.[End of Pasco Marijuana Defense Attorney Narration]

Hillsborough Cannabis Defense Lawyer 813-222-2220 – Video on Vimeo

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Our drug crimes website has a fully searchable Cannabis Marijuana defense database on marijuana and drug charges in Hillsborough County,  Florida. This video discusses and Compares How to use probable cause and the possibility of drug charges being dismissed when police improperly search for and then seize contraband. Casey reviews Minimum Mandatory sentences may apply to some Drug Trafficking cases.

Here is a Direct Link to the Cannabis Defense Lawyer Video.

https://vimeo.com/centrallaw/hillsboroughcannabislawyer

Hillsborough Cannabis Defense Lawyer 813-222-2220 from W.F. Casey Ebsary Jr. on Vimeo.

Transcript:  Hundreds of people are arrested every day. You may be one of them. I spend most of my time defending cases in State and Federal Courts. Many times drug crimes arise from searches of motor vehicles. Sometimes police will stop a car and then search it. Sometimes we are able to attack these searches when police do not have reasonable suspicion or probable cause to search the motor vehicle. In the event we can suppress the evidence, we may be able to have the drug charges dismissed, since there is no longer any evidence to be admitted against you in a criminal prosecution and evidence becomes unavailable for admission in a trial. I have arrived at my destination – one of the many courthouses in Tampa Bay where I help people. Let me help you. Criminal charges in State or federal Court? Let me help. Call me at 813-222-2220. Let me drive to court to help you.

Other Topics covered at: https://vimeo.com/centrallaw/hillsboroughcannabislawyer

Marijuana, Cannabis, Drug Crimes, Hillsborough Marijuana Charges, Trafficking

Tampa Criminal Case – Video – High Profile Mistrial – Florida

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Judge William Fuente, mistrial, jurors, premeditation, death penalty
Tampa Criminal Case
High Profile Mistrial
Florida
Criminal Defense experts agree that when the stakes are high, in a death penalty case, a Judge has to be extremely careful. 10, 15, or 20 years later when the ultimate price is to be paid the courts will be very careful to avoid executing someone who has not received a fair trial.

 

Judge William Fuente granted a mistrial in a high profile murder case where the alleged victim was a baby tossed from a moving car onto an Interstate highway in Tampa, Florida. “The jurors heard testimony they should not have heard under any circumstances. In this court’s conclusion, a mistrial is necessary,” Fuente said Tuesday morning. One juror was interviewed in the video clip below.

Radio Interview Clip

 

 

https://www.970wfla.com/media/podcast-am-tampa-bay-AM_Tampa_Bay/casey-ebsary-tampa-criminal-trial-attorney-23611050/

 

In this case, the witness, the alleged victim’s mother, brought into at least one juror’s mind the concept of premeditation. Premeditation is a essential element of a death penalty case under Florida criminal law. The statement was excluded during pretrial litigation. Judge Fuente’s ruling was spot-on. This is not the first time that Judge Fuente has been faced with issues that caused a mistrial in a high-profile case.

Recently, a juror had Googled a subject during the course of a trial. That caused Judge Fuente to declare a mistrial and to take action against the Juror. In another recent case, an emotional witness screamed out in front of the jury and the jury heard information that was not admissible. Judge Fuente had to grant another mistrial

It is not uncommon for lawyers to instruct Witnesses not to discuss certain matters that have already been decided by the court before the trial. In this case, I understand the prosecutor did not instruct the witness not to speak of certain matters. Consequently, the case will be tried again later this year.
Defense attorneys frequently must move for a mistrial when improper information has been in front of the jury. This is due to the general rule that the failure to allow the judge to correct a problem that has come before the jury during the trial renders that issue non-reviewable by an appeals court later on in the proceedings.
Judge William Fuente – Biography
Judge William Fuente was born in Key West, Fla. on May 21, 1945. He received his B.A. degree (in Biology) from the University of South Florida in 1974 and his J.D. degree from the South Texas College of Law in 1976. He also served in the U.S. Navy from 1967 to 1971.
Judge Fuente began his career in 1980 as an Assistant State Attorney, and was also in private practice lawyer until he was appointed to the Hillsborough County Court in 1994. In 1997, he was elevated to the Circuit Court. He has also taught as an adjunct professor at Stetson University College of Law.
Sources:
https://judgepedia.org/index.php/William_Fuente
https://blogs.lawyers.com/2012/11/juror-faces-jail-googled-defendant/
https://www.tampabay.com/news/courts/criminal/hillsborough-judge-declares-mistrial-in-machete-murder-case/1189018
https://tampa.cbslocal.com/2012/02/08/tampa-murder-mistrial-charles-chambers/

Florida Criminalizes Most Internet – Web Devices

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Florida Criminal Defense Attorney has been researching a new law that may make anyone with a cell phone or computer with Internet access a person possessing an illegal gambling device. Specifically, the definition of “slot machine” may now include most web devices. When a law captures innocent conduct it can be void for vagueness. The law may also violate the Equal Protection Clause.

 

Internet Devices
Banned
Void for Vagueness
The State Attorney in Miami Dade has now been sued and the lawsuit alleges, “The definition of “slot machine or device” now contained in Fla. Stat. § 849.16, as amended, fails to adequately describe the prohibited machine or device such that a person of common understanding cannot know what is forbidden.
For your convenience we have highlighted the changes to the Florida Criminal Law:  The definition of a “slot machine” now includes: any machine or device or system or network of devices that is adapted for use in such a way that, upon activation, which may be achieved by, but is not limited to, the insertion of any piece of money, coin, account number, code, or other object or information,such device or system is directly or indirectly caused to operate or may be operated and if the user, whether by application of skill or by reason of any element of chance . . . .
The Florida Legislature rewrote  (Fla. Stat. § 849.094) to permit only retailers that conduct “a nationally advertised game promotion” to conduct games. The statute creates a protected class of nationally advertised game promoters. A 19 Count, Forty – page lawsuit has been filed challenging the new law. You can review the lawsuit here: https://miamiherald.typepad.com/files/internet-cafe-complaint.pdf
Equal Protection Violation
It has been alleged that, “Fla. Stat. § 849.094, as amended, accordingly violates the Plaintiff’s right to equal protection under the law because similarly situated businesses that happen to advertise game promotions nationally rather than locally are expressly permitted to employ the use of game promotions, but the Plaintiff is prevented from doing so unless it opts to advertise same nationally.”
The Florida Supreme Court has just invalidated a law on loud car stereos that attempted to allow loud political speech coming from motor vehicles. A protected class of political speakers was created in the Statute, just like the new gambling statute has created a class of national advertisers. We have previously written about that case here: https://news.duifla.com/2012/12/florida-court-loud-music-legal.html

 

Search Warrant for Cell Phone Handset – Required Florida Supreme Court Says

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Cell Phone Search, iPhone Search Warrant, Search warrant

Cell Phone Search, iPhone Search Warrant

 
Search Warrant for Cell Phone Handset –
Required
Florida Supreme Court Says

Search Warrant for Cell Phone Handset Required

Florida Supreme Court Says a police officer is not authorized to search through photographs and information within a cell phone that was on defendant at time of arrest. Cell phone had been separated from defendant at time of search. Factually, images from defendant’s cell phone depicted a weapon that resembled the gun stolen from convenience store, as well as defendant and his fiancee posing with stolen money packaged in manner described by the victim, a convenience store clerk.
 
Cops in the case properly separated and assumed possession of cell phone from defendantin search incident to arrest. The Florida Supreme Court held a  warrant was required before information, data, and content of cell phone could be accessed and searched by law enforcement.  Notwithstanding decisions of other courts, Conformity clause does not meanFlorida courts must apply U.S. Supreme Court’s holding in United States v. Robinson in this case.
 
The Florida Court reasoned that  Robinson not factually or legally on point. Then in a stunner, the court found that the Good faith exception to exclusionary rule does not apply, since no bright-line rule exists for law enforcement officers to rely upon with regard to searches of electonic devices under facts of this case. 
 
 

Tampa Hillsborough County State Courthouse

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Tampa Hillsborough State Courthouse

Tampa Criminal Defense Attorney helps those in need at the Hillsborough County State Courthouse 800 East Twiggs Street Tampa, Florida 33602. This high resolution rendering of the Courthouse was rendered using several processes available in Photoshop and Android photo applications. As a criminal defense attorney, this is one of the places where I help those in need.

Tampa Federal Criminal US District Courthouse

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Tampa Federal Criminal Courthouse

Tampa Federal Criminal Defense Attorney, Tampa Federal Criminal Defense Lawyer, United States District Court

United States District Court Tampa Federal Courthouse
Tampa Federal Criminal Defense Attorney – Photo Credit

 

Tampa Federal Criminal Defense Attorney helps those in need at United States District Courthouse Tampa Federal Courthouse 801 North Florida Ave. Tampa, Florida 33602. This high resolution  rendering of the Tampa Federal Courthouse was  rendered using several processes available in Photoshop and Android photo applications. As a criminal defense attorney, this is one of the places where I help those in need.

Map Tampa Federal Criminal Courthouse

Tampa Federal Criminal Defense Attorney

Tampa United States Attorney – Office

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Finished another Criminal Defense morning at the United States Attorney’s Office Building in the Middle District of Florida – Tampa Division in Florida.

400 N Tampa St, Tampa, FL 33602, USA

Help Need Here? Call Casey 813-222-2220 .

 

Criminal Defense morning at the United States Attorney's Office Building in the Middle District of Florida - Tampa Division

Criminal Defenseat the United States Attorney’s Office Building in the Middle District of Florida – Tampa Division

 

Tampa Federal Criminal Defense Attorney, Tampa Federal Criminal Defense Lawyer, Middle District Florida
United States Attorney’s Office Tampa, Florida