Florida Drug Court - Meet A Judge - Video

Florida Drug Defense Attorney noticed that The Miami Herald has posted this excellent video about a retiring Drug Court Judge. The Judge saves lives one addict at a time. The Court, a drug intervention program in criminal court in Florida serves as an example of possibility. Special thanks to Chuck Fadely and The Miami Herald .

Video is direct Linked Here: http://www.youtube.com/watch?v=33eFiljmtdg

Questions on Florida Drug Courts? Call Me Toll Free 1-877-793-9290

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Florida Drug Treatment Options Improve

Florida Drug Defense Attorney, Lawyer W.F. ''Casey'' Ebsary notes a recent civil jury verdict in Federal Court in Tampa, Florida. the jury ruled that a city could not use its zoning laws to prevent a  drug treatment center from providing services. According to one Attorney, ''This is an important case. It allows recovering addicts to live in single-family zones and homes . . . .''

As one media outlet summarized it: "At issue is whether municipalities can ban short-term drug and alcohol residential recovery facilities from operating in mixed-use residential zoning districts that include apartments as well as single family homes." SPTimes.com . For your convenience we have put the complete Florida Drug Treatment Opinion of the Court here.

Questions About Drug Treatment Options - Ask Me Toll Free 1-877-793-9290 .

The complete story is available here: http://www.tampabay.com/news/localgovernment/federal-court-reverses-treasure-islands-ban-on-short-term-drug-treatment/1075300

Warrant Arrest - Hillsborough County Search Online

Here is a great link to check for outstanding arrest warrants in Hillsborough County, Florida. The Hillsborough County Sheriff maintains this log of active warrants.

Hillsborough County Florida Arrest Warrant Check Online 

Need Help with a Warrant? Tell me your Story Toll Free 1-877-793-9290.

Warrant Arrest - Hillsborough County Search Online

Tampa Criminal Defense Lawyer - Board Certified

Tampa Criminal Defense Lawyer

Casey Ebsary is a Board Certified Trial Lawyer with diverse criminal litigation experience.

Fast, Easy, and Free Phone Consultation directly with a Board Certified Criminal Trial Lawyer. Just click on the Google Voice Icon above, enter your name and phone number and I will personally speak to you.

Conveniently Located: Tampa, Florida 1101 Channelside Drive Number 244, Tampa, FL 33602. Licensed in Florida, Federal Middle District of Florida, and the 11th Federal Circuit. Call Casey Toll Free 1-877-793-9290.

Tampa Criminal Defense Lawyer Attorney

Tampa Criminal Defense - Search Incident to Arrest - Vehicle Searches

Tampa Criminal Defense Attorney, Lawyer W.F. ''Casey'' Ebsary, Jr.  notes a recent decision by a Florida court. An appeals court recently reviewed a case involving Search of vehicle incident to arrest of recent occupant of vehicle. The court ruled that search of motor vehicles incident to arrest is allowed only when the person being arrested is unsecured, within reaching distance of the passenger compartment. The court also found at the time of the search or when it is reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle, a search may be authorized.

The appeals  court sent the case back to the trial court for an evidentiary hearing on a Motion to Suppress to determine the crime for which defendant was arrested and to determine whether it was reasonable to believe that evidence of the crime might be found in vehicle. The appellate judges also ordered that the trial court should consider whether defendant was the owner of the vehicle with Constitutional standing to challenge the vehicle search.

Search and Seizure Issues? Tell Me Your Story Toll Free 1-877-793-9290 .

Source: 34 Fla. L. Weekly D2406a

Tampa Criminal Defense Attorney

Drug Defense Database

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We have hundreds of pages of information on Drug Defense and recent developments in State and Federal Courts.

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Tampa Defense Attorney, Tampa Drug Criminal Defense Attorneys, Tampa Drug Criminal Defense Lawyers, Tampa Federal Criminal Defense

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Fast, Easy, and Free Phone Consultation directly with a Board Certified Criminal Trial Lawyer. Just click on the Google Voice Icon above, enter your name and phone number and I will personally speak to you.

If you wish, you can Tell Me Your Story Toll Free 1-877-793-9290.

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Tampa Drug Defense Attorney - Florida Super Lawyers 2010

Tampa Criminal Drug Defense Attorney, Lawyer W.F. ''Casey'' Ebsary, Jr. has once again been reviewed and named to the list of Florida Super Lawyers 2010. The final published list represents no more than 5 percent of the lawyers in the state. Casey is also Board Certified by the Florida Bar. A group that comprises less than 1/2 of 1 percent of Florida Attorneys.

''It is absolutely clear from this record that [Super Lawyer does] not permit a lawyer to buy one's way onto the list, nor is there any requirement for the purchase of any product for inclusion in the lists or any quid pro quo of any kind or nature associated with the evaluation and listing of an attorney or in the subsequent advertising of one’s inclusion in the lists.'' According to one State Supreme Court.

Source: http://www.superlawyers.com/about/selection_process.html

Florida Super Lawyers 2010 - Tampa Drug Defense Attorney

Florida Consent to Search Does Not Authorize LEOs to Handcuff

A local Tampa Defense Attorney notes that in Hidelgo v. State, 35 Fla. L. Weekly D18a (Fla. 3d DCA December 23, 2009), a Miami LEO conducted a lawful traffic stop of a vehicle the defendant was a passenger in. The DEA had previously asked the Miami Dade PD to develop reasonable suspicion to stop the car. During the stop, the defendant spoke to the driver in Spanish. This apparently created a safety concern in the LEO's mind, as the LEO did not speak Spanish. The LEO asked both occupants if they mind if he searched the vehicle, and they replied no. He asked the defendant to get out of the car, he patted her down, handcuffed her, and placed her in the back of a police car for around thirty minutes. The LEO admitted that the defendant was not free to leave. Contraband was later found. The court found that the defendant's seizure was unlawful. "We hold that a valid consent to search a vehicle does not authorize law enforcement officers to order the occupants out of the vehicle and place them in handcuffs for a lengthy period of time in the back of a patrol vehicle."

The court discussed the two part test set out in Reynolds v. State, 592 So.2d 1082 (Fla. 1992), specifically: "whether the action was justified at its inception and whether it was reasonably related in scope to the circumstances which justified the interference in the first place . . . We do not suggest that police may routinely handcuff suspects in order to conduct an investigative stop. Whether such action is appropriate depends on whether it is a reasonable response to the demands of the situation. When such restraint is used in the course of an investigative detention, it must be temporary and last no longer than necessary to effectuate the purpose of the stop. The methods employed must be the least intrusive means reasonably available to verify or dispel in a short period of time the officers' suspicions that the suspect may be armed and dangerous …. Absent other threatening circumstances, once the pat-down reveals the absence of weapons the handcuffs should be removed."

Source: Hidelgo v. State, 35 Fla. L. Weekly D18a (Fla. 3d DCA December 23, 2009) (Thanks to Attorney Rocky Brancato) .

Consent to Search Issues? Tell Me Your Story Toll Free 1-877-793-9290

Florida Consent to Search

Florida Prescription Drug Records - Subpoena Not Needed

Tampa Criminal Defense Attorney notes a recent ruling on Prescription records. A trial court had tossed the records and the State appealed. The appeals court ruled it was error to grant motion to suppress records. The records were obtained from a pharmacy by an investigating law enforcement officer. The court discusses Florida Statutes section 893.07(4). The law requires pharmacies to make controlled substance records available to law enforcement officers and does not require pharmacies to notify the patient or withhold such records until a warrant is presented. Notably, the Federal Health Insurance Portability and Accountability Act did not constitute legal basis for suppression of records at issue. Even the privacy provisions of the Florida Constitution did not support suppression of records in this case.

Source: 34 Fla. L. Weekly D2466a
 

Prescription Drug Charges? Tell Me Your Story 1-877-793-9290

Case Results

This website reports news and case law from both reported cases and news media. As of January 1, 2010, The Florida Bar prohibits the reporting of case results obtained by Florida Lawyers in their own cases. The Florida Bar in many instances also prohibits the use of testimonials. The reported position of Florida Supreme Court can be found here. . In short, The Florida Bar and the Florida Supreme Court have ruled: No testimonials; No characterization of services; No past results. The complete opinion of the Florida Supreme Court is located here. The cases reported here are not past results obtained in Mr. W.F. ''Casey'' Ebsary's cases.

Feel free to discuss the facts of your case with Casey to find out how the law may apply to the facts of your case .

Florida Vehicle Search - Caselaw Report

Tampa Criminal Defense Attorney notes recent reported case where the court ruled that the valid consent to search a vehicle does not authorize police / LEO (law enforcement officers) to order occupants out of vehicle and then place them in handcuffs back of patrol car / vehicle. The trial court had ruled that the cocaine was not seized in violation of the 4th Fourth Amendment. The appeals court ruled it was error to deny the vehicle passenger's motion to suppress cocaine. It was alleged that the defendant had abandoned the drugs in the back of police car while she was illegally detained in Florida.

Search and Seizure? Tell Me Your Story Toll Free 1-877-793-9290

This case was Reported at 35 Fla. L. Weekly D18a (2009)

Tampa Drug Defense Attorney - Cocaine

Marijuana Cannabis Charges in Hillsborough County Florida

Tampa Drug Lawyer in Hillsborough County Florida reports that Law enforcement is using rather obscure codes to classify marijuana offenses when they are entered into the various report systems. For your convenience we have decoded a few common cannabis charges:

Drug2103 Possession Of Cannabis Less Than 20 Grams - First Degree Misdemeanor punishable by 12 months in county jail.

Drug2102 Possession Of Cannabis - Third Degree Felony Punishable by 5 years Florida State Prison

Drug2300 Possession Of Cannabis With Intent To Sell - Third Degree Felony Punishable by 5 years Florida State Prison

Drug2500 Manufacture Of Cannabis - Third Degree Felony Punishable by 5 years Florida State Prison

Questions about Marijuana Charges? Tell Me Your Story Toll Free 1-877-793-9290

Marijuana Cannabis Charges in Hillsborough County Florida




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Florida Marijuana - Drugs Suppressed

Florida Drug Defense Attorney Lawyer notes - in a Search and seizure ruling, a Miami - Dade - Florida appeals ruling held it was unreasonable for police officer to perform weapons search without having performed a pat-down. Without reasonable suspicion, cop was not justified in proceeding to direct search of defendant merely because he felt uneasy about his safety, nor could he do so based upon blanket department policy.

The Motion: to "suppress the marijuana based upon the unlawfulness of the search, arguing the police had no probable cause or other particularized suspicion to suspect the presence of a weapon."

The Ruling: "In the absence of reasonable suspicion, Officer ... was not justified in proceeding to a direct search ... merely because he felt uneasy about his safety, nor could he do so based upon blanket department policy. At minimum, he was required to perform a pat-down." Drugs found in defendant's pocket during illegal search were tossed.

You can review the decision here:

Victim of Police Misconduct? Tell me Your Story Toll Free 1-877-793-9290 .

http://tampacriminaldefense-attorney.com/ReasonableSuspicionMarijuana.pdf

Source: 34 Fla. L. Weekly D2306b

Marijuana Florida Drug Defense Attorney, Pat Down, Probable Cause, Reasonable Suspicion