Law Office of W.F. "Casey" Ebsary, Jr.

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"Casey's strong arguments during the hearing made all the difference ..."
W.F. ''Casey'' Ebsary, Jr.
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Casey is a Criminal lawyer and DUI attorney at the Law Office of W.F. "Casey" Ebsary, Jr. in Tampa, Hillsborough County, FL. . Casey and his team can help you, a friend, or a loved one with misdemeanor, felony, and drunk driving cases throughout Tampa Bay.
1101 Channelside Drive
Tampa
33602
US


Law Office of W.F. ''Casey'' Ebsary, Jr.
Attorney Lawyer
Casey is a Criminal lawyer and DUI attorney at the Law Office of W.F. "Casey" Ebsary, Jr. in Tampa, Hillsborough County, FL. . Casey and his team can help you, a friend, or a loved one with misdemeanor, felony, and drunk driving cases throughout Tampa Bay.
1101 Channelside Drive
Tampa, FL
33602
US
centrallaw@gmail.com
813-222-2220

Pinellas Drug Court Avoid Prison

Drug Court, Pinellas Drug Court, Pinellas Drug Attorney, Dismiss Drug Charges
Pinellas Drug Court
Pinellas County Drug Court Defense Attorney and former prosecutor is frequently asked several questions. Drug Court is an 18 month supervision program with Department of Corrections / Drug Pre-Trial Intervention. This is also a 12 to 18 month treatment program with treatment offered by DACCO. Upon successful completion of the treatment program and Drug Pre-Trial Intervention supervision your charges will be dismissed.

Now there is news that Pinellas County has expanded their program to include those that would otherwise go to Florida State Prison for between 12 and 17 months. Those case will involve a Criminal Punishment Scorsheet that includes no more than 60 points. According to the Court's announcement, "Defendants with substance abuse issues who score no more than 60 points on state’s sentencing guidelines can apply for admission to program. Until 2012, the threshold had been 52 points, eliminating many likely candidates."

Pinellas Drug Court Press Releases: 

"Adult Drug Court is a voluntary program that combines court-monitored, comprehensive substance abuse treatment with frequent appearances before a judge who may reward progress or sanction non-compliance. Successful completion means no prison time, and the judge may withhold adjudication of guilt and reduce the length of probation. "

"Adult Drug Court is a voluntary program that features court-supervised, comprehensive substance abuse treatment with frequent appearances before a drug court judge. Frequent hearings enable the Court to closely monitor a participant’s progress in treatment and the results of drug testing. The drug court judge may reward progress or sanction non-compliance. "


SAMPLE TEXT OF DRUG COURT CONTRACT

This AGREEMENT is entered into this day, by the Client who agrees that:

The Client meets the criteria and is qualified for admission to the DUI Drug Court Program (hereinafter, the Program). And it is in the Client’s best interest to enter into this Agreement.

The Misdemeanor Client shall participate in the Program for a minimum of twelve (12) consecutive months. In accordance with the terms and conditions set forth herein. The Felony Client shall participate in the Program for a minimum of twenty-four (24) months. The Program shall consist of:

A. Phase I Requirements: Duration — MM (14 Weeks): Felony (28 Weeks)

1) Bi-weekly (every other week) court appearances.
2) Attend a minimum of 2 hours of group and/or individual therapy sessions. 1 time per week.
3) Attend a minimum of 4 AA/NA meetings per week. Additional meetings may he. required upon treatment provider recommendation.
4) Submit to random alcohol/drug screens, Client must call the Color Line daily at (863) 534-5828.
5) Comply with any additional requirements recommended by the treatment provider.
6) Defendant will be responsible for all costs associated with the DUI Court Program.

B. Phase II Requirements: Duration — MM (22 Weeks)~ Felony (44 Weeks)

1) Bi-weekly (every other week) court appearances.
2) Attend a minimum of 2 hours of group and/or individual therapy sessions, I time per week.
3) Attend a minimum of 3 AN/NA meetings per week. Additional meetings may be required upon treatment provider Recommendation.
4) Submit to random alcohol/drug screens. Client must call the Color Line daily at (863) 534-5828.
5) Comply with any additional requirements recommended by treatment provider.
6) Defendant will be responsible for all costs associated with the DUI Court Program.
7) There will be NO entry into Phase III until a sponsor has been obtained.

C. Phase III Requirements: Duration — MM (16 weeks); Felony (32 Weeks)

1) Minimum monthly court appearances.
2) Attend a minimum of 2 hours of group and/or individual therapy sessions, biweekly.
3) Attend a minimum of 3 AA/NA meetings per week. Additional meetings may be required upon treatment provider Recommendation.
4) Submit to random alcohol/drug screens. Client must call the Color Line daily at (863) 534-5828.
5) Comply with any additional requirements recommended by the treatment provider.
6) Relapse prevention will be an essential element of Phase 111 treatment and shall be addressed for at least 1 hour during the Group and/or individual sessions.
7) Maintain frequent contact with sponsor.
8) Develop an aftercare plan.
9) Defendants will be responsible for all costs associated with the DUI Court Program.

DUI Drug Court Clients who are on periods of probation longer than twelve (12) or Twenty-lour (24) months may, at the discretion of the Court or Probation, be extended in the Program for a period not to exceed the term of their probation. The Program shall consist of:

A. Phase IV Requirements (for those on extended probation): Duration — not To exceed term of probation

1) Minimum monthly court appearances.
2) Attend a minimum of 1 half hour individual therapy session per month.
3) Attend a minimum of 3 AA/NA meetings per week. Additional meetings may be required upon treatment provider Recommendation.
4) Submit to random alcohol/drug screens. Client must call the Color Line daily at (XXX) YYY-ZZZZ.
5) Comply with any additional requirements recommended by the treatment provider.
6) Relapse Prevention will be a continuing element of Phase IV treatment and shall be addressed in individual therapy.
7) Continue to maintain frequent contact with sponsor.
8) Implement the aftercare plan developed in Phase III.
9) Defendants will continue to be responsible for all costs associated with the DUI Court Program.

4. The Defendant shall appear in open court, when and as ordered to do so by the Court or the DUI Drug Court Program, and upon proper notification at his/her last known address. Failure to appear in court shall constitute a prima-facie violation of the terms of this Agreement. 

5. For participation in the DUI Drug Court Program:
                
a. The Client shall pay the XXX County DUI Drug Court the amount of $l00 for the Initial client assessment and the first drug test, with such amount  Due and payable upon the first visit with the counselor.
b. The Client shall pay the XXX County DUI Drug Court an administrative fee of $180 per month for the services provided by the  Drug Court Program, the first payment of which is due thirty (30) days after signing of this Agreement.
c. For those Clients placed in Phase IV, the Client shall pay the XXX County DUI Drug Court Program an administrative fee of $140 per month for the services provided by the DIM Drug Court Program, the first payment of which is due thirty (30) days after placement in Phase IV.
d. All fees paid to XXX County Drug Court are non-refundable.
e. In the event you graduate or are terminated from the program and have not paid all fees due, these fees will be D6’d against your driver’s license. This means your license will be suspended until full payment is made and you will be responsible to pay additional fees to reinstate your driving privileges.

6. The Client shall comply with the following terms and conditions as a part of this Agreement:

a. Enter and successfully complete the DUI Drug Court Program consisting of evaluation and assessment, intervention, treatment, multiple urine Screens, and payment of all fees;
b. Comply with all program requirements and those imposed by his/her DUI Drug Court Counselor, Probation Officer and the Court;
c. Advise his/her Probation Officer of any changes in address, telephone number, employment status or location, education, or treatment activities;
d. Participate in other programs and/or evaluations as may be established by his/her Counselor, Probation Officer or the Court, the cost of which shall be paid for by the Client;
e. Truthfully answer all inquiries and follow all instructions of his/her Counselor, Probation Officer and expressly permit the Counselor and Probation Officer to visit his/her home, place of employment, school, or other location for the purpose of providing adequate supervision;
f. Make restitution, if necessary, as directed by his/her Counselor, Probation Officer or the Court;
g. Obey all Federal, state, and local laws and ordinances;
h. Associate only with law-abiding persons; and
i. Work regularly at a lawful occupation and/or pursue a course of study as a full-time student.

7. The Client shall not:

a. Use or possess alcohol or any illegal drugs;
b. Own, have in his/her possession, or attempt to purchase a firearm or any type of weapon; and
c. Leave the County or the State without the permission of his/her Probation Officer or the Court.

8. The Client acknowledges that he/she may be arrested without a warrant and be held without bond for violating any of these terms and conditions, and be brought before the Court for further disposition.
9. The Client acknowledges that he/she. Will be subject to warrantless searches and seizures of his/her person and belongings for illegal drugs/alcohol and/or weapons.

10. As a part of our services and to assess the effectiveness of our Program. The Client will be asked to complete a confidential survey for a period of up to twelve (12) months after completing the Program. The Client agrees that he/she will keep a current address with the DUI Drug Court, arid will complete and return any and all questionnaires and surveys that arc sent to the Client up to twelve (12) months post-discharge.

11. The Client acknowledges, understands, and agrees that any violation of this Agreement including testing positive for alcohol or illegal drugs could result in him/her receiving one or more of the following sanctions: 1) ½ day in Court; 2) increase urinalyses; 3) Jail; 4) Essays; 5) Curfew; 6) Lengthen time in program; 7) Community service; 8) Increased group and/or individual sessions; 9) Increase NA/AA: 10) Termination; II) Electronic Monitoring; and 12) Any other sanction the Court may deem appropriate. If client objects to or refuses to comply with any of the therapeutic consequences administered by the DUI Drug Court Judge. He/she can be terminated from the program at that time and his/her probation will be revoked.
12. The Client understands that he/she shall be terminated from the DUI Drug Court Program Upon request if ordered by the Court for non-compliance with program rules and regulations.
13. The Client’s entry into this Agreement is being made freely, knowingly, and voluntarily. If the client fails to abide by the terms and conditions of this Agreement, this will constitute a violation of their probation and they may be sentenced up to the maximum amount of time for the offense they arc on probation. 

14. The Client acknowledges, understands, and agrees that if he/she is dismissed or terminated from the Program either voluntarily or involuntarily, he/she shall not be permitted to re-enter the Program at a later date.

By signing below, the Client acknowledges they have read and understand this Agreement and agree to comply with its terms and conditions.

THIS AGREEMENT SHALL BECOME EFFECTIVE IMMEDIATELY UPON APPROVAL OF THE COURT.

Source: http://www.tampabay.com/news/courts/drug-court-to-expand-in-pinellas-pasco-with-prison-diversion-program/2144832

Can Police refuse to accept a Florida Medical Marijuana Patient Card - Chapter 893 Statute if Florida Legalizes Medical Marijuana? - Part 13

Can Police refuse to accept a
Florida Medical Marijuana Patient Card?
Can Police refuse to accept a Florida Medical Marijuana Patient Card?

Under current Florida Drug Laws: Florida Statute 893.13.6(b) If law enforcement confronts a citizen for possession of cannabis, they can and do make an arrest. The issue may arise what if the office wants to ignore the possession of a valid medical marijuana card and refuse to accept the document?

Under my proposed Florida Medical Marijuana Law:  

A state or local law enforcement agency or officer shall not refuse to accept an identification card issued by the department unless the state or local law enforcement agency or officer has reasonable cause to believe that the information contained in the card is false or fraudulent, or the card is being used fraudulently.

What About Florida Marijuana Cooperative Farms - Chapter 893 Statute if Florida Legalizes Medical Marijuana? - Part 12

Florida Marijuana Cooperative
Florida Marijuana Cooperative

Under current Florida Drug Laws: Florida Statute 893.13.6(b) If someone or a group conspire to cultivate marijuana, a person commits a felony.  Possession or cultivation of marijuana are both felonies with forfeiture provisions for the tools and property where the cultivation occurs.

Under my proposed Florida Medical Marijuana Law:  

Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of Florida in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Chapter 893 of the Florida Statutes.

How Much Marijuana Could be Possessed - Chapter 893 Statute if Florida Legalizes Medical Marijuana? - Part 11

How Much Marijuana
Could be Possessed?
 
How Much Marijuana Could be Possessed? 

Under current Florida Drug Laws: Florida Statute 893.13.6(b) If someone is in possession of not more than 20 grams of cannabis, a person commits a misdemeanor of the first degree. More than 20 grams or distribution or sale or possession of marijuana are all felonies. Possession or cultivation of marijuana are both felonies with forfeiture provisions for the tools and property where the cultivation occurs.

Under my proposed Florida Medical Marijuana Law: A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient.

(b) If a qualified patient or primary caregiver has a doctor’s recommendation that this quantity does not meet the qualified patient’s medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient’s needs.

(c) Counties and cities may retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits set forth in subdivision (a).

(d) Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section.

(e) The Attorney General may recommend modifications to the possession or cultivation limits set forth in this section. These recommendations, if any, may be made only after public comment and consultation with interested organizations, including, but not limited to, patients, health care professionals, researchers, law enforcement, and local governments. Any recommended modification shall be consistent with the intent of this article and shall be based on currently available scientific research.

(f) A qualified patient or a person holding a valid identification card, or the designated primary caregiver of that qualified patient or person, may possess amounts of marijuana consistent with this Statute.

What are the Responsibilities of a Florida Marijuana Dispensary - Chapter 893 Statute if Florida Legalizes Medical Marijuana? - Part 10

What are the Responsibilities of a
Florida Marijuana Dispensary
What are the Responsibilities of a Florida Marijuana Dispensary?
This series or articles continues with our 10th installment and explores how Marijuana Laws in the Florida Statutes might be changed should the voters, the courts, and/or the legislature be so inclined. Here are some issues that will outline what are the Responsibilities of a Florida Marijuana Dispensary under the proposed language of the law:

(a) This section shall apply to individuals specified in Chapter 893.

(b) No medical marijuana cooperative, collective, dispensary, operator, establishment, or provider who possesses, cultivates, or distributes medical marijuana pursuant to this article shall be located within a 600-foot radius of a school.

(c) The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the school to the closest property line of the lot on which the medical marijuana cooperative, collective, dispensary, operator, establishment, or provider is to be located without regard to intervening structures.

(d) This section shall not apply to a medical marijuana cooperative, collective, dispensary, operator, establishment, or provider that is also a licensed residential medical or elder care facility.

(e) This section shall apply only to a medical marijuana cooperative, collective, dispensary, operator, establishment, or provider that is authorized by law to possess, cultivate, or distribute medical marijuana and that has a storefront or mobile retail outlet which ordinarily requires a local business license.

(f) Nothing in this section shall prohibit a city, county, or city and county from adopting ordinances or policies that further restrict the location or establishment of a medical marijuana cooperative, collective, dispensary, operator, establishment, or provider.

(g) Nothing in this section shall preempt local ordinances, adopted prior to the effective date of this law in Florida, that regulate the location or establishment of a medical marijuana cooperative, collective, dispensary, operator, establishment, or provider.

(h) For the purposes of this section, “school” means any public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.

What are the Responsibilities of a Florida Medical Marijuana Caregiver - Chapter 893 Statute if Florida Legalizes Medical Marijuana? - Part 9

What are the Responsibilities
of a Florida Medical Marijuana Caregiver?
What are the Responsibilities of a Florida Medical Marijuana Caregiver?

This series or articles continues with our 9th installment and explores how Marijuana Laws in the Florida Statutes might be changed should the voters, the courts, and/or the legislature be so inclined. Here are some issues that will outline what are the Responsibilities of a Florida Caregiver under the proposed language of the law:

(a) Subject to the requirements of this article, the individuals specified in subdivision (b) shall not be subject, on that sole basis, to criminal liability under Chapter 893. However, nothing in this section shall authorize the individual to smoke or otherwise consume marijuana unless otherwise authorized by this article, nor shall anything in this section authorize any individual or group to cultivate or distribute marijuana for profit.

(b) Subdivision (a) shall apply to all of the following:

(1) A qualified patient or a person with an identification card who transports or processes marijuana for his or her own personal medical use.

(2) A designated primary caregiver who transports, processes, administers, delivers, or gives away marijuana for medical purposes, in amounts not exceeding those established in Chapter 893, only to the qualified patient of the primary caregiver, or to the person with an identification card who has designated the individual as a primary caregiver.

(3) Any individual who provides assistance to a qualified patient or a person with an identification card, or his or her designated primary caregiver, in administering medical marijuana to the qualified patient or person or acquiring the skills necessary to cultivate or administer marijuana for medical purposes to the qualified patient or person.

(c) A primary caregiver who receives compensation for actual expenses, including reasonable compensation incurred for services provided to an eligible qualified patient or person with an identification card to enable that person to use marijuana under this article, or for payment for out-of-pocket expenses incurred in providing those services, or both, shall not, on the sole basis of that fact, be subject to prosecution or punishment under Chapter 893.

What are the Responsibilities of a Florida Medical Marijuana Cardholder - Chapter 893 Statute if Florida Legalizes Medical Marijuana? - Part 8

What are the Responsibilities of a
Florida Medical Marijuana Cardholder?
What are the Responsibilities of a Florida Medical Marijuana Cardholder?

This series continues to explore how Marijuana Laws in the Florida Statutes might be changed should the voters, the courts, and/or the legislature be so inclined. Here are some issues that will outline What are the Responsibilities of a Florida Medical Marijuana Cardholder  under the proposed language of the law:

(a)  A person who possesses an identification card shall:

(1)  Within seven days, notify the county health department or the county’s designee of any change in the person’s attending physician or designated primary caregiver, if any.

(2)  Annually submit to the county health department or the county’s designee the following:

(A)  Updated written documentation of the person’s serious medical condition.
(B)  The name and duties of the person’s designated primary caregiver, if any, for the forthcoming year.

(b)  If a person who possesses an identification card fails to comply with this section, the card shall be deemed expired. If an identification card expires, the identification card of any designated primary caregiver of the person shall also expire.

(c)  If the designated primary caregiver has been changed, the previous primary caregiver shall return his or her identification card to the department or to the county health department or the county’s designee.

(d)  If the owner or operator or an employee of the owner or operator of a provider has been designated as a primary caregiver of the qualified patient or person with an identification card, the owner or operator shall notify the county health department or the county’s designee, pursuant to Chapter 893, if a change in the designated primary caregiver has occurred.