Michael Adam Haber’s Answers

Michael Adam Haber

Miami Criminal Defense Attorney.

Contributor Level 20
  1. During a trial what goes on in the courtroom when the Jury is at Recess??

    Answered about 1 year ago.

    1. Justin Wade Blow
    2. Michael Adam Haber
    3. Jennifer Ann Synnamon
    4. Brenda A Drake
    5. George Costas Andriotis
    6. ···
    12 lawyer answers

    I was always taught that there is no such thing as a stupid question, but you have proven that lesson to be 1/2 wrong. As to the reasonable 1/2: What goes on outside of the jury's presence are questions / issues of law which the Court needs to address such that the case may proceed without error - or at least with a complete record as to the "why" of the Judge's rulings. Sometimes these sidebars are contentious and other times they are jovial; but either way they are a legal necessity (...

    25 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. CAN SOLICITATION OF PROSTITUTION constitute probable cause TO search A CAR ?

    Answered 19 days ago.

    1. Michael Adam Haber
    2. Nick Jay Dorsten
    3. Paul J Knudsen
    4. Michael Charles McGinn
    5. Stephen Andrew Mosca
    6. ···
    6 lawyer answers

    Yes. This is almost certainly either a search incident to arrest or an inventory search, either / both of which are permissible. Still, your friend may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case. The best way for your friend to get competent advise is going to be to consult with an experienced and local criminal defense lawyer...

    22 lawyers agreed with this answer

  3. How much should it cost to get a record sealed?

    Answered 9 months ago.

    1. Michael Adam Haber
    2. Robert Jason De Groot
    3. Shon Joseph Douctre
    4. Joshua Eli Adams
    5. Alberto Marino Quirantes Jr.
    6. ···
    6 lawyer answers

    Sealing is available in a case where you received a withhold of adjudication, and expunction is available in a case which was dismissed, nolle pros'd, no actioned or where you were found to have been not guilty. In Florida you can only seal or expunge one eligible (non-disqualified) offense in your lifetime. If you look at the following website you will learn everything you ever wanted to know about the sealing / expunction process: http://www.fdle.state.fl.us/content/getdoc/c83d......

    19 lawyers agreed with this answer

  4. My son was just arrested for a DUI. Does he need to hire a lawyer for the Diversion Program. This is his first time DUI.

    Answered 9 months ago.

    1. Michael Adam Haber
    2. Miguel Amador
    3. Andrew Michael Bonderud
    4. Robert Jason De Groot
    5. Robert David Malove
    6. ···
    8 lawyer answers

    I'm a Miami guy and we have a DUI diversion program as well. I do not know the criteria for PBCty's program but here in the 305 he would be ineligible for diversion because of his exaggerated breath reading. You should most certainly speak with a PBCty DUI attorney, if for no other reason than to determine his eligibility. Even if he is eligible you may still wish to engage counsel to assist him with the various administrative driver license issues which are collateral to and occur...

    19 lawyers agreed with this answer

  5. I may have been falsely convicted of a dui?

    Answered 3 months ago.

    1. Michael Adam Haber
    2. Nick Jay Dorsten
    3. Michael T Mackhanlall
    4. Alberto Marino Quirantes Jr.
    5. Matthew Brian Podolsky
    6. ···
    10 lawyer answers

    You have a textbook DUI. There is a very poor chance that it will be "thrown out" (many a person has been convicted of DUI in FL on facts similar to yours) but your odds at a happy ending will exponentially increase if you locate and hire an experienced Ft. Myers area criminal defense lawyer to assist you in first determining whether or not viable defenses to the charges, affirmative or otherwise, exist, or whether there may be factual, legal, procedural or substantive mechanisms by which...

    18 lawyers agreed with this answer

  6. Car accident a month or so ago with possible DUI charges....

    Answered 7 months ago.

    1. Michael Adam Haber
    2. Jonathan Burton Blecher
    3. Nick Jay Dorsten
    4. Achmed Mirari Defreitas
    5. Bhavik G Patel
    6. ···
    6 lawyer answers

    They have 2 years if it is a misdemeanor accident case and 3 if it is a felony. It takes time for them to get their ducks in a row. Months are not uncommon. If your BAC comes back + the legal limit you will be charged. You should consider consulting with an experienced 516 area criminal defense lawyer who's practice primarily centers around DUI cases (DUI's especially blood draw cases, are a niche, a specialty and your intents will be best served by hiring an expert) to grab the...

    17 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Take plea or go to trial?

    Answered about 1 year ago.

    1. Michael Adam Haber
    2. Megan Blancho
    3. Harry Edward Hudson Jr
    4. John M. Kaman
    5. Dean George Tsourakis
    6. ···
    6 lawyer answers

    I think that while Avvo (and similar sites) are wonderful sources of generic information there is no substitute for an in person face-to-face consultation with a criminal defense practicioner. First, anything that you post on Avvo (or similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable...

    17 lawyers agreed with this answer

  8. How much it cost a lawyer in a drugs case? what is the average?

    Answered 9 months ago.

    1. Michael Adam Haber
    2. Thomas G. Briody
    3. Bryan Eric Neal
    4. Alberto Marino Quirantes Jr.
    5. Michael Evan Greenspan
    6. ···
    9 lawyer answers

    I cannot speak to anyone else's business model but I do not quote fees based upon charges. Every case is different, as is every Defendant. I quote fees based upon my evaluation of the facts and circumstances, the agreed litigation objective and how much time and effort I except (based upon my 22+ years of experience) to expend on a given client's behalf. In my opinion, if anyone quotes you a fee without first discussing such matters with you then you should run, not walk away. That...

    16 lawyers agreed with this answer

  9. In Florida, which agency regulates court reporters?

    Answered 10 months ago.

    1. Michael Adam Haber
    2. William David Umansky
    3. Stephen Charles Cooper
    3 lawyer answers

    See the following article by the FL Supreme Court on Court Reporters in FL: http://www.floridasupremecourt.org/pub_info/summaries/briefs/out/92300a.pdf Following are the certification standards for court reporters in FL: http://www.floridasupremecourt.org/clerk/comments/2008/08-1658_110308_APPENDIX%20B_Comments(FCRA_FCCRC).pdf Finally, following is a link to the FL Court Reporters Association (they are not a regulatory branch but they are "the" agency for Fl court reporters): http://...

    16 lawyers agreed with this answer

  10. Could a field test be used against you in a d.u.i. refusal case.

    Answered about 1 year ago.

    1. Jonathan Hackworth
    2. Theodor Kaplun
    3. Michael Adam Haber
    4. Christopher Irvin Simser
    5. Margaret Mary Gutierrez
    6. ···
    8 lawyer answers

    Roadside / Field sobriety exercises are abnormal tests which are allegedly designed to test one's normal faculties. Law enforcement touts them as the be all and end all of tell-tale signs of impairment, and prosecutors argue until they are blue in the face that any physically capable and sober soul can and should pass them, so the fact that you "failed to perform to standards" proves that you, my friend, were DUI. Defense attorneys, on the other hand, know that fst's are nothing more than a...

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