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Michael Adam Haber
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Michael Haber’s Answers

6,746 total


  • If I get a DUI in Kentucky and go to court lose my license for 30 days and pay my fine when I return to Florida can Florida susp

    Can Florida suspend my license if I get a DUI in a different state?

    Michael’s Answer

    FL treats out of state DUI's "as if" they occurred in FL. They will require that you complete all out-of-state requirements to the standards that FL has established.

    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.

    That said, your best bet is 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) you will be surprised at just how knowledgeable and helpful they can be.

    If you choose to listen to me (and heed my advise) then I know that I will have been helpful to you.

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  • Can i get out of obtaining ignition interlock?

    Charged dui in 2009, am not on probation, still need to complete dui class"2".

    Michael’s Answer

    You will not get a license until you complete everything.

    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.

    That said, your best bet is 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) you will be surprised at just how knowledgeable and helpful they can be.

    If you choose to listen to me (and heed my advise) then I know that I will have been helpful to you.

    See question 
  • I was charged with battery on a leo, threatening a public servant and (2) resisting without violence...

    The police pulled up in an unmarked vehicle. As I was in the midst of going over a small barrier that's when three officers exited the vehicle. After I cleared the wall they announced themselves as officer's of the law and given the command for me...

    Michael’s Answer

    Sounds to me like A) you did everything wrong then ()bailing, fleeing and making foolish threats) and B) you are doing everything wrong now (talking about your case online, in public, where you not only will do yourself no "good" but can do yourself "harm".

    Look, you 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, I do not know and the forum to find out is NOT on line; rather it is in the sanctity of attorney's offices, where your statements are privileged and cannot be used against you.

    The best way for you to get competent advise is going to be to consult with an experienced and local criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and whatever evidence that you may provide and then offer an informed opinion.

    My advise: Get offline and into a skilled and experienced 407 area criminal defense lawyer's office. Use the "Find a Lawyer" feature on AVVO to locate proximate lawyers, make an appointment, show up on time, bring whatever evidence, documents or witnesses that you may have, engage in a meaningful face-to-face 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 unique case.

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

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  • If i have an outstanding warrant for a felony and I am summoned to appear in court for another felony charge will I be arrested

    I think I have a warrant for theft in another county (same state) I was charged with a felony in the current county I am in will the judge, prosecutor, court see any outstanding warrants/

    Michael’s Answer

    Absent a crystal ball no one (lawyer or otherwise) can tell you whether or not your name will be run through a criminal justice data base. What we can tell you is that IF your name is and IF the warrant has been entered into the data base the your name will be red flagged and you will be taken into custody on your outstanding warrant.

    That is a lot if "IF's" and while there are many ways that these IF's can come to fruition (i.e. a passport scan, traffic stop - whether you driving or are a passenger, an accident resulting in your hospitalization, being in the wrong place at the wrong time with the wrong people, and yes, being the subject of a new felony prosecution...) there is only one way to preclude any of them from happening, and that is to deal with your warrant proactively.

    In Florida, where I have been a practicing criminal defense attorney for nearly a quarter of a century, the bottom line with warrants is that they suck (well that and that oftentimes they end up in untimely and inconvenient incarceration). When it comes to the subject of warrants, anyone anywhere who has knowledge of the existence of the warrant has 2 choices: Either they can deal with it proactively, in an offensive manner or they can live day to day, waiting until it is ultimately served, and then play catch-up (defense).

    In this light warrants can be likened to cancer. If it exists (whether it is a warrant or cancer) then you have a problem. You can either choose to deal with the problem and hope for the best or you can wait for the problem to deal with you in its own natural fashion. In the former event it may or may not work out favorably for you, but, in the case of a warrant, at least the State and the Judge will have to acknowledge that you voluntarily chose to bring the matter to them (which is an undeniable fact that even an inexperienced lawyer should be able to use your advantage during the pendency of your case). In the later event, however, just as with cancer, the longer that you choose to wait (whether in denial, self-pity or simply because you are lost in hope, desperation and prayer that it'll heal itself / go away) then more time that it has to metasticize and destroy you from within.

    My advise: BE SMART (caps intentional). Use the "Find a Lawyer" feature on AVVO to locate a few lawyers in the Couty where your warrant exists, make some calls and send some emails. You need someone to get on this matter ASAP, lest you should miss classes while rotting in a PA jail on a petty criminal traffic warrant. You may have to come back and appear before your Judge or you may not. I can't tell you online but either way you need a local lawyer working your you immediately.

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

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  • When a person is arrested for driving a car with a expired tag but not the owner, can he still be arrested?

    Do the office suppose to give the driver of the car a ticket for expired tag or not?

    Michael’s Answer

    Yes. The driver earned the ticket / arrest.

    That does not mean that the vehicle owner shouldn't renew the tag (and if that is done in a timely fashion then the ticket may subject to dismissal) but it has nothing to do with the citation being issued to the person in actual physical control of the improperly registered vehicle on the public roadways.

    My advise: Try to get the vehicle owner to to re-register the car and hire a ticket lawyer either way, 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 Ft. Myers area 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.

    That said, I hope that I have been helpful in answering your question.

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  • Can I still enter nursing school in FL, and pass a level 2 background check with a 3rd degree felony charge pending?

    I live in Tampa FL and have no other criminal history, ( I was arrested once 10 years ago for dui but was not convicted). This case I have a lawyer for and am taking to trial... I want to attend or atleast get accepted and enrolled into nursing sc...

    Michael’s Answer

    This is not a criminal defense question; It is an administrative / regulatory / licensing question, and no lawyer can tell you whether or not you will either be admitted into a school or granted a license as a nurse.

    If you want to increase your odds at getting a competent answer then you should ask the only folks who can provide you an answer, to wit: the school's admission committee and the FL Board of Nursing. I have no ideas what school you are applying to so you can Google their contact information but, for your convenience, I have attached a link to the FL Board of Nursing website below.

    Please see: http://floridasnursing.gov/

    As for the background check component of your question no lawyer can tell you either how thoroughly some other person / entity will go in conducting a background check or what such an examination may or may not reveal. That said, unfortunately, it is probably a safe bet to assume that if you were arrested anytime in the digital age then your criminal record will almost certainly remain with you forever. To some degree or another this is true regardless of whether your ultimately seal or expunge a case. All arrests are matters of public record, and, even if they are subsequently removed from the public record they still remain alive and well in various private records. This is one down-side to technology.

    You might want to do your own background check to see what pops up. Forewarned is forearmed. If your prior indiscretion appears then, for better or for worse, you are probably best advised to take the wind out of the sails by admitting your past issues / indiscretions to your present (or potential) employer, lender, landlord, licensing authority, admissions committee, etcetera, rather than waiting for them to find out on their own, but that's a personal, not a legal, decision.

    All of that said, your questions are premature. Deal with your existing pending case and worry about the rest after the fact. You cannot change what will happen, all you can do is move forward intelligently and with focus and determination to beat your charges. After that is said and done then worry about schools, licensing and background checks.

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

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  • Can I get an arrest and conviction for a minor offense expunged in Mississippi while living in Florida?

    Arrest was in 1998, Plead guilty to drug paraphernalia possession. Judge remanded sentence and fine citing extenuating circumstances. Spoke with the county attorney a year ago in Rankin County Miss., and he said IO should have it expunged. Proble...

    Michael’s Answer

    Yours is not a question of Florida law; it is a Mississippi law question and, unless they happen to be dually licensed, Florida lawyers cannot advise you on matters of MS Law. As I am not a MS lawyer so I cannot comment on matters of MS law or procedure.

    That said I don't suppose that too many MS lawyers are going to happen upon your question as posted, so I suggest that you re-post this question and put your location as "________, MS" instead of "Quincy, FL" and then you will attract MS attorneys.

    Still, I hope that I have been helpful in redirecting your question.

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  • On what grounds can a juvenile record of over 35 years old be used to deny parole?

    My spouse absconded from parole reporting over 30 years ago and lived under a different name. He had 2 offenses 1985, 1994 both dismissed. In 2014 charge of Dui (in GA) & signing false name at police station(counted as a forgery/felony in GA) whi...

    Michael’s Answer

    There is no "right" to parole in Florida. It is a "gift of the State", and in the case of parole the State is an Indian Giver. Per the language on the Florida Parole Commission website: "Parole is the release of an inmate, prior to the expiration of the inmate’s court-imposed sentence, with a period of supervision to be successfully completed by compliance with the conditions and terms of the release agreement ordered by the Commission. The decision of the Commission to parole an inmate shall represent an act of grace of the State and should not be considered a right." (Please see: https://www.fcor.state.fl.us/release-types.shtml )

    The fact that he absconded, in and of itself, is sufficient reason to deny him relief. Further, it matters not when it happened as once he absconded a warrant no doubt issued and that warrant never expires or goes stale, remaining alive, well and in effect until served.

    Don't expect any sympathy from the FPC (actually it's now called the "Florida Commission on Offender Review") and know that the best way to hedge any bet against a contrary ruling is to have a "dialed-in", skilled and experienced criminal defense lawyer efforting on your behalf.

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

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  • How does credit for time served when you have an out of county warrant and new charges in a neighboring county?

    The person has been sentence in the county with the new charges and they combined the jail time from both counties as time served, then a week later got sentenced in the county with the VOP charge and they said the jail time in the neighboring cou...

    Michael’s Answer

    Because local time and state time do not necessarily overlap.

    Further, while it is standardized for state (DOC) facilities, credit time and gain time vary from local facility to local facility (so the 2 counties do not necessarily align with one another).

    All of that said don't put the cart before the horse. Once transferred into State custody from local the inmate goes to a classification center for DOC processing and designation to a facility. This usually takes a

    few weeks and then the inmate is delivered to his FL-DOC institution.

    You can track FL-DOC inmates, and get all contact, visitation and commissary information at the following link:

    Please see: http://www.dc.state.fl.us/activeinmates/search.asp

    You can also track his release / proposed release status at the following link:

    Please see: http://www.dc.state.fl.us/inmatereleases/search.asp

    If you believe that the proposed release date (gain time, credit time, etc) is incorrect then you are free to contact the classification officer at the designated facility and make

    inquiry, and, if you do not
    get an adequate reply then you can contact DOC directly at the following link:

    Please see: http://www.dc.state.fl.us/orginfo/contact.html

    Only in the event that you are unable to reach a satisfactory answer from either the website, the classification officer or the FL-DOC administration should you consider filing a

    motion with the sentencing Court for clarification of the sentence.

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

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  • What is a property bond in regards to a criminal court case?

    I have been told that I need to ask about a property bond but I have no idea what it is. I've been told that instead of money that we don't have, I can ask about some form of procedure in Florida that allow a property bond to help my brother who's...

    Michael’s Answer

    It is a form of collateralizing a monetary bond with real property.

    However you need to discuss this with a suerty / bail bonds person and not a lawyer.

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

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