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Michael Adam Haber
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Michael Haber’s Answers

6,819 total


  • Can the DMV suspend your license without ever being arrested or charged of DUI?

    Never was sent a notification by mail stating the suspension or was told by the officer. It involved an accident where the person was sent to the hospital and a blood test was given. I'm guessing the results came back and they submitted them to th...

    Michael’s Answer

    DUI is a bifuracted process in FL.

    When you either refuse to blow or blow over .08 (or .02 in the case on a minor) then DMV automatically suspends your driving privilege (driving is a privilege and NOT a right).

    This is both administrative and independent of any criminal prosecution.

    Further, regardless of whether the State Attorney ever gets around to filing your criminal case, and even if they do and you were you "beat" your DUI (even if you got an apology letter from the police department and key to the city from the Mayor), DMV would still suspend your driving privilege for either refusal or breath over sample.

    Again, You have no right to drive in FL (or anywhere); rather, driving is a privilege.

    If you do not do what FL-DMV says, when it says it, how it says it, to the "T" and without explanation or excuse then you will not be licensed in FL. It is truly that simple.

    Dealing with DMV can be likened to being in a rip current. Go with it and your survival chances increase exponentially; fight it and prepare to die / drown.

    I hope that I have been helpful in answering your question.

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  • Can they arrest you without reading you your Miranda rights?

    My son was arrested for having a joint on him. He missed the court date because a ticket agency was supposed to send an attorney, and the atty didn't show.

    Michael’s Answer

    Please take a look at my Webisode on your Miranda rights. It's short, sweet and to the point. Foe your convenience a link follows:

    The Facts about your Miranda Rights - https://youtu.be/skh20CJP-rg

    I hope that I have been helpful in answering your question.

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  • Do felony withhold adjudications count when calculating a score sheet?

    I've been arrested and my first hearng the pd handed me a note that said I scored 24- points and the state offer is six months. I only have one F3 that's adjudicated guilty (felony battery) in 2007. Back in 90's I had 4 F3 total, but all where wit...

    Michael’s Answer

    In a word.............. Yes.

    Withhold or not, you cannot escape your past.

    I hope that I have been helpful in answering your question.

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  • If you are never arrested for DUI and have not been charged, can the DMV suspend your license? and without notifying you?

    Everything read on the FLDMV site claims they can suspend you following a DUI arrest. How can they do that without the arrest?

    Michael’s Answer

    DUI is a bifuracted process in FL.

    When you either refuse to blow or blow over .08 (or .02 in the case on a minor) then DMV automatically suspends your driving privilege (driving is a privilege and NOT a right).

    This is both administrative and independent of any criminal prosecution.

    Further, regardless of whether the State Attorney ever gets around to filing your criminal case, and even if they do and you were you "beat" your DUI (even if you got an apology letter from the police department and key to the city from the Mayor), DMV would still suspend your driving privilege for either refusal or breath over sample.

    Again, You have no right to drive in FL (or anywhere); rather, driving is a privilege.

    If you do not do what FL-DMV says, when it says it, how it says it, to the "T" and without explanation or excuse then you will not be licensed in FL. It is truly that simple.

    Dealing with DMV can be likened to being in a rip current. Go with it and your survival chances increase exponentially; fight it and prepare to die / drown.

    I hope that I have been helpful in answering your question.

    See question 
  • "Never been arrested" box on legal forms with juvenile expungement.

    When it comes to an adult name change in the state of florida, do I need to disclose the details of a juvenile expungement on the form which says, " I have never been arrested for or charged with, pled guilty or nolo contender to, or been found to...

    Michael’s Answer

    You're good to go, as if it never happened.

    The exceptions requiring disclosure can be found at the following link: https://www.fdle.state.fl.us/Content/getdoc/57ba1587-6592-4ca4-9560-2738f67ba2ae/Agencies-that-are-Entitled-to-Sealed-Expunged-Info.aspx

    In addition, and for more exhaustive information, you can read my my AVVO Legal Guide on Sealing and Expunging Records in FL and, for a quicker info burst , you can watch my YouTube Webisode on Sealing / Expnging records as they both contain valuable information supplemental to this answer and should prove to be helpful to you. For your convenience the both links follow and are attached at the bottom of this answer:

    Please see: http://www.avvo.com/legal-guides/ugc/sealing-and-expunging-records-in-fl-a-legal-guide-by-michael-a-haber-esq-miami-criminal-lawyer?published=true

    Please see: https://youtu.be/XtndMiwCP84

    I hope that I have been helpful in answering your question.

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  • Hello I need advise, I received a court summons for littering. I know it was wrong, I did do it but I really cant afford to pay

    Was very odd. I threw a receipt out of my car window on the way to the eye Doctors. I was out of my car walking into the doctors office and he waved me over to him. It was raining and he told me he saw me throw the receipt out the window. I said I...

    Michael’s Answer

    I never (ever) recommend that anyone go to criminal court and face a prosecutor without counsel but, if you are intent on doing a mia culpa then go to court solo and see if the State Attorney will permit you to enter into a "diversionary program" where you do a few community service hours, may be take an internet class and stay out of trouble for a period of time after which the case will be dismissed.

    If you do anything else (except be acquitted of the charge) then, even if you don;t hire a lawyer, you will still incur court costs which will cost more than a diversionary program.

    That said, please take a look at both Avvo Legal Guide and my YouTube Webisode on Diversion in Florida. They both contain a great deal of information on the subject and should be helpful to you. For your convenience a links to both follow:

    Please see: http://www.avvo.com/legal-guides/ugc/pre-trial-intervention--diversion-what-is-it-and-is-it-right-for-me

    Please see: https://youtu.be/23JAu2eFhcM

    I hope that I have been helpful in answering your question.

    See question 
  • Trespassing Order after being caught on Shoplifting What are the consequences? --> Detailed questions below:

    I got caught in Shoplifting. The store manager called the police. Fact: Store makes no prosecution Store employees took pictures with the cell phone I paid for the items (40 $) Policy checked my ID I got a trespassing order...

    Michael’s Answer

    • Selected as best answer

    1) If the cops did not PTA / NTA you then there will be no prosecution and no court proceeding; if they did then you will receive a court notice in the mail (but may wish to periodically check with the Broward Clerk of Court). You may want to take a look at my Webisode on "Paper Arrests / PTA / NTA" in Florida. It's short and sweet and to the point, containing a good deal of information which may be helpful. For your convenience a link follows:

    Please see: https://youtu.be/juUNYntf_HA

    2) Again, if the cops did not PTA / NTA you then there will be no prosecution, no court proceeding and no criminal record; if they did then there will be. Either way you have been entered into Walmart's internal offender registry.

    3) The no trespass order is valid until Walmart lifts it. (I urge you to a) honor it, b) do not go back there and c) find somewhere else to shop).

    4) The cops don;t track your trespassing order. If you get caught at Walmart then they will detain you, call the cops, show them the order and you will almost certainly be arrested at that point... so, see #3 above.

    5) The only record of the order should be at Walmart. The cops may have a copy (as they were called out) but it will not be a criminal record unless and until you get arrested for violating it.

    6) Your Greencard issue is not a criminal defense matter.; It is an immigration question.

    If you want to increase your odds at getting a competent answer then you should repost that portion of your question and list "immigration" and not "criminal defense" as a practice area.

    In the interim I hope that I have been helpful in answering 5/6ths your question.

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  • If I was the passenger in a vehicle where the driver was charged with a felony DUI hit and run

    Would I receive money if there's a payout from driver's insurance company?

    Michael’s Answer

    If you were injured as a result of the driver's negligence, if you are properly represented, have properly documented your injuries and damages, if there is insurance coverage, if your attorney has made a proper demand and of there is a payout then yes. If not then why would you get paid for merely being a passenger?

    Regardless this is not a DUI question it is a matter of personal injury law or insurance law.

    I hope that I have been helpful in answering your question.

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  • What can happen on a 2nd violation, if it is a technical violation?

    My boyfriend was arrested with a felony charge for possession and intent to sell in 2012. He was sentence a year in jail and 2 years probation. However he violated that probation by being both out of county and with possession. He spent 6months in...

    Michael’s Answer

    What can happen is that he can be sentenced to serve any unserved period of time on his case in prison, but it depends on may factors (such as what he was on probation for, what his history is, who his prosecutor is, what mood the prosecutor is in, who the Judge is, what mood the Judge is in, etcetera...).

    While Avvo (and similar sites) are wonderful sources of generic information it is critical to bear in mind that each case, and each Defendant, is /are different, and as every case is also a fluid experience, there is only so much that any lawyer can tell you about your b/f's case on-line; in short there is no substitute for an in person face-to-face consultation.

    Being on probation is an alternative to incarceration. It is a gift of sorts, albeit it is given by an Indian giver who can take it back at any time (the alternative being jail). It behooves you to remember that at all times while serving your probationary period. It may help to think of your time on probation as walking on a tightrope. Stray just a little to either side, lose your concentration or balance even for a moment and you fall. However, instead of landing on the ground you land in jail or prison.

    That said, violations of probation (VOP's) are very different than substantive (new) cases. The terms and conditions of probation make it such that any material and willful violation can result in a no bond hold, a bench (not a jury) hearing (trial) with lax rules of evidence, admissible hearsay and a reduced burden of proof (a "preponderance of evidence" - or "more likely than not"). In the circumstances that you've outlined (a technical - albeit a 2nd violation) in the end it really depends upon the Judge. In the 305 (where I primarily practice) we have 45 criminal court Judges, some of whom are very strict and others who are more tolerant. I expect that the same holds true in the Tally area.

    Florida has 20 different Judicial Circuits, each of which deals with cases in its own manner. Moreover, each of those Judicial Circuits has a given number of criminal court Judges (each of whom is unique), as well as its own State Attorney's Office (each of which has its own policies and procedures), and a bunch of Assistant State Attorneys (who, although they operate on guidelines as established by their office, are each sentient and independent persons), and each case has its own set of variables ("free radicals" if you will) all of which combine to make it impossible to predict what will happen in a given case.

    My advise: Locate an experienced Tally area criminal defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound and has been custom tailored as possible to meet your specific reasonable needs in your b/f's unique case. His odds at a favorable outcome will likely increase, exponentially, with the assistance of a skilled and experienced criminal defense lawyer who is efforting at moving Heaven and Earth on his behalf.

    In the interim you might consider taking a look at my Avvo Legal Guide on surviving probation / CC in Florida as it contains a great deal of information on the subject and may prove to be helpful to you. For your convenience a link follows:

    Please see: http://www.avvo.com/legal-guides/ugc/probation-in-florida--what-it-is-and-how-to-survive-it

    I hope that I have been helpful in answering your question.

    See question 
  • I'm from Fl. while going thru Va, got speeding ,changing lane without signal ticket at the same stop.will points transfer to FL

    Have fl license. Got issued with 2 tickets (15 miles over) and improper change of lane without signal all in one stop.My question is will those points transfer to fl license. Here we are allowed to take class for erasing points. will that be appli...

    Michael’s Answer

    Almost certainly yes.

    But to be sure you may want to call the good folks at DMV in Tallahassee (850-617-2000). You do not need to give them either your name or DL and can ask the question generically / anonymously.

    If you call then please, for your own, sake, follow the rule of the 3 "p"'s (be patient, pleasant and polite) then you will likely be surprised at just how knowledgeable and helpful they can be. (If not then the contrary holds even more true.)

    Meantime, hire a VA traffic lawyer to handle the ticket for you. The best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can't speak to VA per se but in Miami, Fl, where I have been a practicing criminal defense lawyer for nearly a quarter of a century, there are many skilled and experienced traffic lawyers who know the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment.

    I hope that I have been helpful in answering your question.

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