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Michael Adam Haber
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Michael Haber’s Answers

6,035 total


  • A judgement was made against me for a car ACCIDENT THAT I HAD BACK in 2010 PERSON VEHICLE THAT I WAS DRIVING HAD INSURANCE AND

    I HAD INSURANCE ON MY VEHICLE TO DRIVERS LICENSE IS SUSPENDED HOW DO I GET IT BACK ITS WAS WRONG 4 HALF YEARS GONE BY AND I HAVE TO PAY FOR SOMETHING THAT ME AND THE OWNER FOR THE VEHICLE THAT I WAS DRIVING

    Michael’s Answer

    "Fair" has nothing to do with it.

    You will have to either pay the judgement, enter into a payment plan with the lien-holder or negotiate with DMV (good luck with that) and convince them that their suspension was entered in error. If it was then they will rescind it. If it wasn't then they will not.

    You may want to call the good folks at DMV in Tallahassee (850-617-2000). If you 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.

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

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  • How many time a person could face in prison for premeditate attempted murder if the victims don't want to filed charges?

    She was married and noticed that her husband was cheating at her again .But the victim doesn't want to filed chargers, there are many people that know that he in one time he stabled her and she didn't do anything to against him, he was abusing h...

    Michael’s Answer

    I am lost.

    Was someone arrested for attempted murder?

    Have the cops been called?

    If this happened as you describe and was reported and handed to the Miami-Dade SAO then they will prosecute this case regardless of the victim's counter-wishes.

    The victim can refuse to cooperate, and sometimes that effectively forces a dismissal, but it is important o know that it is not the victims's case - it is the State Attorney's case, and they (the SAO) can, and in an attempted first degree murder with a deadly weapon rest assured that they will, compel the victim to testify.

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

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  • What actions can you take if you feel that the plea bargain has been botched? The lawyer has not clearly advised the client.

    My friend is currently being accused for a violent crime. They know that their best chance is to take a plea. They are currently awaiting trial in jail. Their councel has had the plea bargain for two months and waited five days before the deadl...

    Michael’s Answer

    1) Your friend has no right to polygraph. Polys are inadmissible, oftentimes counterproductive and usually meaningless to the prosecution.

    2) Unless they literally hold a gun to the client's head a lawyer cannot force a client to accept a plea, and even the lawyer did (hold a gun to the client's head) then the Judge serves as a "check valve", who's job it is to independently ensure that any plea is accepted "freely, voluntarily and intelligently". The Judge will conduct an exhaustive review of the plea and if there is any question as to the free, voluntarily and intelligent nature of the same then it will not be permitted by the court.

    3) How do you know who the lawyer is talking to or what the lawyer is doing in her / his personal life andf that "His lawyer has allowed this sibling to make all of the decisions"? Those are serious allegations that you are making. Personally I find your proffer improbable, although admittedly not impossible.

    4) Was the lawyer privately retained? If so then your friend should fire him. If the lawyer was court appointed and these serious allegations have actual merit then a sworn motion to discharge should be filed with the court and a Bar grievance commenced.

    Those are my thoughts and I make them contingent on the fact that you are a third party who is presumably proffering what you have been told by someone else (making it at least hearsay, if not double hearsay). No lawyer should engage in the sort of behavior that you have described but again I am not convinced that you are accurate in what you believe and have proffered. Still, my advise stands. Either bring the matter to the courts; attention, fire the attorney or file a Bar Complaint.

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

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  • Violation of section 02/30-388.25 (restricted parking zone). Sign read "fuel efficient vehicles"; my car is a Honda Civic 38 mpg

    Should I request a court appearance? The sign read: Reserved for hybrid and fuel efficient vehicles. My vehicle is a 2009 Honda Civic EX which is listed in several government categories a being "fuel efficient"; it is listed as 38 miles/gallon fue...

    Michael’s Answer

    Don't take this the wrong way but I am not in the habit of teaching people how to defend their case. I invested a fortune in time, money and effort in becoming an attorney and have spent almost a quarter of a century honing my skills. With that background neither "What are my Defenses" nor "How to Beat a Traffic Ticket 101" are not on my AVVO answer list.

    That said, in my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can tell you for sure that here 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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  • I got a ticket for improper lane change or course while on my learner's permit but the officers DID NOT mention my permit.

    The officers who cited me the ticket DID not mention I was only driving on a permit and I was normally suppose to get 4 tickets and arrested but they cut me some slack and gave me 1 ticket instead. My question is, even if they did not mention me w...

    Michael’s Answer

    You were cut slack, and that was very cool of the cops, but now you need to act in self-preservation. HIRE A 954 AREA TRAFFIC LAWYER (caps intentional) asap.

    Some DL's are more sensitive than others (learners permits and commercial DL's for example), but regardless, and in my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can't speak to the 954 per se but in the 305, 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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  • Is dui supervision less likely after a bench trial?

    I am wondering if getting the option of supervision is less likely after taking case to bench trial? I interviewed many lawyers and they all seemed to want to take it to trial. I have arraingment soon. My parents seem to think I should j...

    Michael’s Answer

    I am not an IL lawyer so I cannot comment on matters of IL law or procedure. However, had you asked this question in Florida, where I have been a practicing criminal defense attorney for nearly a quarter of a century, then I would say that in FL it matters not whether you are convicted by a judge or a jury as any DUI conviction carries certain "minimum / mandatory" penalties which will include (among many other things) serving a probationary period. The main difference between jury trial penalties and bench trial penalties is that judges are sometimes more lenient in sentencing (note "sometimes" does not imply any guarantee) as you only wasted their time, and not a juries time (also bench trials are significantly shorter in duration).

    My advise is (in this instance only) do NOT listen to your parents and only listen to the advise of your lawyer. Your parents are likely not criminal defense lawyers who's practice surrounds DUI defense litigation, and even if they were then they remain too close to the matter to rely upon independent judgment.

    What your mom and dad - or any cyber-lawyer for that matter - says, thinks or feels is both irrelevant and counterproductive. Talk to your lawyer - and only to your lawyer - and either accept or reject her or his advise. If you are seeking a second opinion then get a complete copy of your case file and schedule a physical meeting with a real world lawyer who can review the evidence, conduct a comprehensive interview and give you reasonable and responsible advise.

    All of that said, again I am not an IL lawyer and you are best advised to find a Wheaton, IL area criminal defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound and has been custom tailored to meet your needs in your case.

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

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  • What are the differences in "DEGREES" when it refers to FIRST, SECOND, THIRD, etc. ROBBERY charges?

    If someone is charged with a FELONY LARCENY FROM A HOME charge, what DEGREE of a ROBBERY charge would that be considered and what is the difference in the degrees?

    Michael’s Answer

    I am not an OK lawyer so I cannot comment on matters of OK law or procedure. However, had you asked this question in Florida, where I have been a practicing criminal defense attorney for nearly a quarter of a century, then I would say that the difference is as follows:

    1st degree felonies are punishable by up 30 years in state prison;
    2nd degree felonies are punishable by up 15 years in state prison;
    3rd degree felonies are punishable by up 5 years in state prison;
    1st degree misdemeanors are punishable by up 364 days in local jail; and
    2nd degree misdemeanors are punishable by up 60 days in local jail.

    In FL "felony larceny from a home" is called "burglary", not "robbery", If it is unoccupied then its a 2nd degree felony, if its occupied its a 1st and if the burglar is armed then it's a "1st degree PBL" (punishable by life in prison without parole).

    All of that said, again I am not an OK lawyer and you are best advised to find a Oklahoma City, OK area criminal defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound and has been custom tailored to meet your needs in your case.

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

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  • How do I find a sealed criminal record of my ex?

    If it's sealed I can not see it ever? How do I find an unsealed complete record?

    Michael’s Answer

    If its sealed then you ( and the rest of the public) cannot see it.

    That's the point.

    You can always file a petition with the sealing court to unseal the record, but absent a very compelling reason to do so it will almost certainly will remain sealed.

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

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  • What do they charge to deal with extraction Or to deal with an offense out of state

    There is a charge on hold from Florida but hes in Newark new jersey Essex county correctional facility. It doesn't say what anything is just that its on hold. What to do? Can we find out what its for to solve it?

    Michael’s Answer

    1) On the issue of legal fees, every lawyer charges according to their own business plan. As every case and every client is /are unique, personally I do NOT quote legal fees based simply upon the charges or circumstances. Rather, fees are quoted only after having reviewed all readily accessible law enforcement reports, meeting and interviewing the client, getting as realistic as possible feel for the facts, circumstances, likely admissible evidence and reasonable probabilities of the case, identifying and agreeing upon a litigation objective and then determining how much time and effort will have to be expended in attempting to reach the client's goal. In this way I can be as fair to both the client and myself as is possible.

    2) He can retain FL counsel to assist him to contest extradition, otherwise, if he consent's then a FL lawyer is not necessary.

    3) He needs a NJ lawyer ASAP. A NJ lawyer can effort at negotiating his release on bond and voluntary surrender and, if that fails, then at least begin the process of defending the NJ charges once he is physically transported to Essex County.

    4) If you want to know the "why" of things then either a FL or a NJ lawyer can assist, but, again, unless he plans on contesting (as opposed to consenting) to extradition then I would not waste $ on a FL lawyer and would instead get an Essex County, NJ lawyer retained, like yesterday.

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

    See question 
  • What do they charge to deal with extraction Or to deal with an offense out of state

    There is a charge on hold from Florida but hes in Newark new jersey Essex county correctional facility. It doesn't say what anything is just that its on hold. What to do? Can we find out what its for to solve it?

    Michael’s Answer

    1) On the issue of legal fees, every lawyer charges according to their own business plan. As every case and every client is /are unique, personally I do NOT quote legal fees based simply upon the charges or circumstances. Rather, fees are quoted only after having reviewed all readily accessible law enforcement reports, meeting and interviewing the client, getting as realistic as possible feel for the facts, circumstances, likely admissible evidence and reasonable probabilities of the case, identifying and agreeing upon a litigation objective and then determining how much time and effort will have to be expended in attempting to reach the client's goal. In this way I can be as fair to both the client and myself as is possible.

    2) He can retain FL counsel to assist him to contest extradition, otherwise, if he consent's then a FL lawyer is not necessary.

    3) He needs a NJ lawyer ASAP. A NJ lawyer can effort at negotiating his release on bond and voluntary surrender and, if that fails, then at least begin the process of defending the NJ charges once he is physically transported to Essex County.

    4) If you want to know the "why" of things then either a FL or a NJ lawyer can assist, but, again, unless he plans on contesting (as opposed to consenting) to extradition then I would not waste $ on a FL lawyer and would instead get an Essex County, NJ lawyer retained, like yesterday.

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

    See question