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Michael Adam Haber
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Michael Haber’s Answers

7,059 total


  • As long as a case status is open, can the prosecutor adjust the charges?

    Or is the prosecutor dismissed after he/she places the charges?

    Michael’s Answer

    I am not sure that I understand your question.

    The charges can always be amended. Sometimes permission from the Court is necessary, sometimes not.

    The prosecutor is a person. Sometimes the same person who files the case also litigates it, more times than not it is not the same person. Any Assistant State Attorney can prosecute a case (provided they are assigned to it and competent to handle it).

    You have no say in either who your prosecutor is or what charges s/he seeks to prove.

    All you can do is hire a skilled and experienced criminal defense lawyer to fight for you.

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

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  • Can I sue and get my misdemeanor probation suspended

    I tested positive for etg/alcohol following the fourth of July holiday. The Judge signed a warrant for my arrest the warrant stated I was to serve 10days therapeutic consequences for my violation. I turned myself in, and 10 days came and went. I s...

    Michael’s Answer

    To answer your question, yes and no.

    Yes you can sue, no you cannot get your probation suspended.

    If you wish to sue then this is not a DUI question and it is a civil right litigation question. A civil rights lawyer needs to decide whether or not, in her / his professional opinion (not in your opinion) your rights were legally and sufficiently violated so as to a) merit the investment of time and energy into prepping to file a lawsuit and if so then b) whether the same is likely to result in a substantial enough payout to do the same.

    As the answer to part 2 of your question (whether your probation will be suspended( is "no" and all that remains is a civil rights (and not a DUI) question, I will change your practice area accordingly, and in that way I hope that I will have been helpful to you.

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  • I accepted a plea of 'nolo contendere' on Felony False Verification of Ownership and Petty Theft. Am I a convicted felon?

    Case Status is listed as 'Disposed'

    Michael’s Answer

    Were you adjudicated guilty (in which case you are a convicted felon) or did you receive a withhold of adjudication (in which case you are not a convicted felon... as far as Florida is concerned)?

    A "withhold" is a legal concept which the Florida Supreme Court has recognized as being a means to withhold the adjudication of guilt (conviction) even though you have been found guilty by a Court. It is recognized as a matter of Florida law but this is not necessarily true as far as other jurisdictions are concerned (i.e. other sovereigns, be them States or not, do not have to recognize the "withhold" as a legal entity and may, as the federal court system chooses to do, instead consider a withhold to be the very same thing as a conviction).

    In Florida you do not have to admit to being convicted if you only have a withhold, but if you are asked about the withhold and you do not fess up then you are likely to be branded a liar.

    Further, insofar as background checks go, many withholds can be sealed but you may still need to disclose even a sealed case, depending upon where you are applying, what you are applying for and the nature of the application question asked.

    For more on this topic please watch my YouTube Webisode on Withholds in Florida. For your convenience a link follows:

    Please see: https://youtu.be/IYsTDLEq4tc

    For example, your very case: The question asks "have you ever been convicted of a crime even if adjudication has been withheld" and, again, the only accurate answer is: "No I have not been convicted of a crime but yes I have received a withhold of adjudication.", and you can expect this answer to raise additional questions.

    My advise: A) Answer as I indicated and B) consider either attaching either or both a copy of the police report and / or a certified disposition of your case along with an explanation. While some employers will disqualify you for merely having been arrested (much less receiving a withhold) almost all will appreciate your honest disclosure. Moreover you will "take the wind out of the sails" by telling them about your past up front rather than them finding out about it afterward during a background check.

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

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  • I have recently got arrested for DWLSR felony and I am also on misdemeanor probation. What kind of sentence should I expect?

    My probation is almost complete, I have paid all the fines and only have twenty five CS hours and ten counseling sessions left. The first charge DWLSR was unknown the first and second were ten plus years ago. The last two were from April of this y...

    Michael’s Answer

    Your exposure is 5 years on the new substantive case and either 60 days or 364 on the VOP.

    Don;t expect too much compassion from either the State or the Court as both tend to frown upon HTO drivers who continue to drive not withstanding their "revoked" status, and most especially those who are on probation.

    If I were you, and if you have no already done so, then I would get offline and into a read world Lake City criminal defense lawyer's office. You absolutely need skilled and experienced legal representation.

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

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  • What number of years equals a life sentence?

    My brother was sentenced to 50 years in 1993, he was only 15 years old. Is his sentence a life sentence?

    Michael’s Answer

    A 50 year sentence is a determinate number of years and is only 'life' if the inmate happens to die while in custody.

    Under the 1993 sentencing guidelines you bro should be entitled to substantially more than today's mandatory "not more than" 15% off.

    If you wish to know what DOC calculates as his potential release date then go to the following website, plug in his information and you will get their answer. Please see: http://www.dc.state.fl.us/inmatereleases/search.asp

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

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  • Difference between having consensual sex with a 12 year old and a 11 year old?

    What is the difference (when it comes to legal punishment) between having consensual sex with a 12 year old and a 11 year old minor? Thank you all in advance!

    Michael’s Answer

    None. You're going to prison for life either way.

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  • What charges might a defendant face if a minor who is between the age of 12 and 16 falsely alleges that the defendant raped her?

    What charges might a defendant face if a minor who is 12 or older but younger than 16 falsely alleges that the defendant raped her? Let's say that statutory rape was a fact because of the age difference but what if on top of it the victim alleges...

    Michael’s Answer

    Here are the biggies:

    Various L&L crimes (there's 4 of them): http://www.flsenate.gov/Laws/Statutes/2015/800.04

    and

    Sex Batt: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/Sections/0794.011.html

    Note that there are potential other offenses as well.

    That said I'm sorry but I am not willing to list out penalties for 5 - 10 offenses or get into a (necessarily) detailed discussion about the SOL (although you are free to take a look at my AVVO Legal Guide on Speedy Trial and the SOL and I will attach a link to the same below for your convenience).

    Further: 1) If this is a real life situation then, as one colleague suggested, get offline into a real world lawyer's office or 2) If you are a student seeking answers for homework, as another colleague suggested (although I didn't read that in this question) then do your own homework (this is a quasi-cheat, but it is definitely cheating you of learning for yourself).

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

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  • I admitted to my P.o isent inappropriate pic while on S.O probation

    My p.o. called me into her iffice the other day saying that she got a complaint about me sending a inapropriate pic to somone so i admited that a few months back i sent this girl i was dating a pic and that was it. Turns out sje called me in there...

    Michael’s Answer

    • Selected as best answer

    And.... Do you have a question?

    More importantly... Do you have a lawyer?

    Sounds to me like you are gonna need one.

    PO's, prosecutors and even Judges seemingly cannot wait to violate and incarcerate sex offenders.

    My advise: Get offline (and stay offline) and get into a real world Kissimmee area criminal defense lawyer's office stat.

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

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  • I was on probation in one state,.left to clear up another case in another state. Now on probation in another state.

    So who has the rights on me ?

    Michael’s Answer

    Both States "has the rights" on you.

    And if the 1st finds out that you got placed on probation ion the 2nd while on probation for the 1st then you could have a bigger problem (a violation in the 1st).

    Be careful. Be very careful.

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

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  • Red Light Camera ticket, Hillsborough County FL- many articles stating it is no longer legal. What is the real story?

    I received a red light camera ticket today. I was making a left with a green to yellow arrow. I remember it because I rarely drive that way. I also remember I looked up and I had a yellow arrow when I approached the intersection. I looked at the v...

    Michael’s Answer

    You can pai it as a civil penalty or wait, have it set for court and fight it.

    The deal is that you are 100% correct - those stinking cameras generate huge dollars.

    Recently a NY man was arrested for taking a painting stick to one, redirecting it upward so it couldn't nab him again (note - please do not do this, I just point it out for illustration's sake and will attach a link if you want o read the story and watch the video that landed him in jail - he recorded an "instructional video" and posted ti to Facebook and YouTube...anyhow there's a link to the story below).

    Anyhow, the latest Supreme Court ruling effected Aventura (in the 305) and Orlando specifically, and may have bearing on other places where cameras were installed prior to 2010. Whether or not the 813 falls in that category is beyond me and you need 813 lawyers to chime in,.

    That said, look at the video clip. If you took the light - TO THE OBJECTIVE (and not your potentially biased) EYE (caps intentional) - then you might consider paying it while it's still a "no points" civil fine and not yet a full-blown traffic infraction, as that is the "evidence" and the Judge will consider in make her / his ruling. If the Judge sees a law violation then your fines will increase (likely double), you face points and even if you get a wuithhold then you will still have a record on your driver history.

    If you choose to go to Court then in my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. My guess is that you have about as much business practicing it as I do piloting a space shuttle... meaning none. Please understand that this is not personal to you. It is a simple truism in the legal profession, and it is the reason the Honest Abe Lincoln famously said that "he who represents himself has a fool for a client". It is very easy to screw up a case when one does not understand the complexities of the rules of evidence and art of cross-examination.

    I can't speak to the 813 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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