Skip to main content
Michael Adam Haber
Avvo
Pro

Michael Haber’s Answers

8,515 total


  • What should we do so I don't get charged with the felony?

    Me and my girlfriend got in a fight at a gas station in a town we are not from she grabbed a knife out of her glove department she said I took it from her so I was charged with aggrivated assault but she wants to tell the truth that I never had a ...

    Michael’s Answer

    1) Hire a criminal defense lawyer.

    2) Have her provide a sworn affidavit to your lawyer.

    3) Have your lawyer tender the document to the prosecuting authority.

    4) Pray that the DA / SA agree that you have no criminal culpability.

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

    See question 
  • Why am I not able to find myself in any background checks anymore? I could a few months ago? Could I be under investigation?

    Can't find myself in any online background checks, even though I could previously.

    Michael’s Answer

    I cannot explain your missing criminal history but I am 100% certain that being under investigation has no correlation with removal of criminal history.

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

    See question 
  • Is it possible, or even legal, for a witness to know who the prosecutor for a grand jury will be, before anyone else?

    During an investigation of an indicted police officer in south Florida, it was discovered that a witness contacted the prosecutor for the grand jury, by written mail. The issue with this is that the witness contacted the prosecutor months before a...

    Michael’s Answer

    Prosecutors are supposed to speak with witnesses before going to the grand jury.

    In fact going to the grand jury without knowing what the evidence is (witness statements are evidence) would be the height of irresponsibility.

    What is your stake in the game? Why are you asking?

    Regardless the answer is no. Prosecutors do not witness tamper by speaking to witnesses and witnesses do not tamper with evidence by speaking to prosecutors.

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

    See question 
  • Can a traffic lawyers help with this? Explain..

    Can a traffic lawyers help with this? Explain.. Tell if you can and the price. I received two parking meter tickets a few years ago at a space that DID NOT have a parking meter. I haven’t paid trying to get this removed. I need the tickets rem...

    Michael’s Answer

    1) Lawyers on AVVO can neither solicit business nor quote fees.

    2) You will have to pay your tickets or get a new hearing and beat them or you will not be able to renew your registration.

    3) Your motion will likely continue to be ignored as Miami Parking Authority could care less about you or your registration.

    4) I am not even sure that a lawyer can help you years after the fact.

    5) Evidence is only as good as it is admissible. If you blew your time to have a hearing then your evidence is worthless.

    6) My advise: GET OFFLINE (caps intentional) and into a skilled and experienced Miami traffic ticket lawyer's office. Use the "Find a Lawyer" feature on AVVO to locate proximate lawyers, call them, figure out whether or not you are entitled to relief and if so then get fee quotes and if not then pay your penalties.

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

    See question 
  • Will this cause my name to be published in the newspaper or on the Internet such as a third party site that does criminal checks

    I received a drug charge about 40 years ago. I would like to request for a pardon and a restoration of rights. I do not want this information open to the public.

    Michael’s Answer

    Your 40 year old case is probably off the radar (it way preceded the internet and digital date)... but... once you file a public pleading it is fair game, and you may well cause your otherwise "hidden" case to come to surface.

    This is a catch 22 and could probably be the poster child for the saying "be careful what you ask for".

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

    See question 
  • If I pay the money will they drop the warrant?

    I have a $250 bench warrant in a state I no longer live in. Its well over four years old.

    Michael’s Answer

    Paying the bond on the warrant will eliminate the warrant but it will not make the underlying case go away.

    In effect, it will buy you time, without a warrant hanging over your head, to deal with the case.

    If you fail to do so then a new warrant will issue.

    That's how it works.

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

    See question 
  • How can somebody be charged with burglary of habitation?

    If they were never inside a building? Or was arrested nowhere near a building?

    Michael’s Answer

    There must be some evidence linking "somebody" to the residence in question.

    Maybe surveillance footage, an eyewitness, fingerprints or DNA evidence... maybe they left their ID on scene (I've seen that happen...).

    Whatever it is I all but guarantee you that there is something, you just don't know it, yet.

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

    See question 
  • So will this show up at the airport if im getting ready to fly

    Iam on informal probation and have bench warrent hold i gotta go to court next month

    Michael’s Answer

    Maybe it will and maybe it won't.

    But that warrant is gonna bite you in the butt sometime.

    The bottom line with warrants is that they suck; well that and that they oftentimes end up in your untimely and inconvenient incarceration. That said, when it comes to warrants, anyone anywhere who has knowledge of the existence of the warrant has 2 choices: Either they can choose to deal with it proactively, in an offensive manner, or they can choose to deal with it as a stalker, living defensively, day to day, just waiting until it is ultimately served.

    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, an undeniable fact that even an average defense lawyer should be able to use to your advantage during in your case. In the later event however, as with cancer, the longer that you choose to wait (whether paralyzed - figuratively or literally, in denial, self-pity or simply lost in hope and prayer that it'll heal itself / go away) then more time that it (again, a warrant or cancer) will have to metasticize and destroy you later.

    My advise: If you know that there is a warrant with your name on it, then deal with it, and deal with it sooner than later. Contact a local criminal defense lawyer. A skilled and experienced litigator will be able to diagnose your situation, tell you if you enjoy a defense to whatever may underlie your warrant, or whether or not there exists a reasonable explanation for your predicament. A criminal defense lawyer can negotiate on your behalf and may even be able to have the warrant quashed. If there is no alternative to being booked then a litigator can make it as painless as possible, arranging a surrender and preparing for foreseeable eventualities.

    Without a crystal ball I cannot tell you what will or will not happen in your case, but I will venture a guess that whether right, wrong or indifferent, your warrant is a potential cancer which is likely to prejudice you sometime down your legal pike.

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

    See question 
  • Can I sue if my public record on Maryland Judiciary Case Search is incorrect?

    Maryland case search stated I was guilty of a felony crime. I took an Alfred plea to a different Misdemeanor crime. The crime they showed me being guilty of was actually a Nolle Prosequi charge.

    Michael’s Answer

    "Can I sue _______" is not a criminal defense question; It is a civil law question.

    Last I checked this was still America, and in America you can sue pretty much anyone for pretty much anything. Whether or not a) you can find a lawyer to sign her / his name to the paperwork, b) your lawsuit survives a motion for summary judgment / to dismiss, c) you get a favorable judgment, d) your defendant is collectable or e) you ever see a dime is both beyond my ability to predict and is anyone's guess.

    That said, suing either a law enforcement officer, agency or municipality is both a civil rights question and almost always an uphill battle. You need to have a viable claim, provable damages and, most importantly, a lawyer who is willing to sign her / his name to your paper containing your factual proffer.

    Still, this is not a criminal defense question; It is a civil rights question, and, if you want to increase your odds at getting a competent answer then you should repost this question and list "civil rights" and not "criminal defense" as a practice area. In fact, I will do this for you....

    In that way I hope that I have been helpful in properly re-directing your question.

    See question 
  • Extradition?

    My fiance was arrested in Minnesota for a warrant in New York. He was on bail when he left for Minnesota. I received a free consultation with a lawyer here Minnesota. The lawyer said NY has 30 days to extradite him. My fiance was told at his extra...

    Michael’s Answer

    I am neither a MN nor a NY lawyer so I cannot comment on matters of either MN or NY law or procedure. However, had you asked this question in Florida, where I have been a practicing criminal defense attorney for a quarter of a century, then I would say that there is no set in stone time frame for extradition and that interstate extradition varies greatly from jurisdiction to jurisdiction.

    The closest that you are going to come to getting a competent answer is to call the shift commander at the facility where he is being held (awaiting extradition) and ask how long they will hold him (what is there time frame / policy) awaiting transport. It could be a week a month or more (or they may have no ;policy whatsoever... I can't say, but the shift commander can and hopefully will). If you call the jail then I strongly urge you to follow the rule of the 3 "p"'s (be patient, pleasant and polite) you will be surprised at just how knowledgeable and helpful s/he can be.

    You can hire a lawyer in the State that is seeking him (in this case NY) to attempt to negotiate terms of release with the prosecutor and or the Court, but that may not be successful. Please note that this is not to suggest that he / you should not try, in fact you should try if you can afford to do so, so I encourage you to consider hiring NY counsel asap . Even if you cannot get a bond you may be able to expedite transportation and, if not, then you can still get a head start on dealing with the underlying case.

    That said, again I am neither a MN or NY lawyer and you are best advised to find NY lawyers and engage her / him to try to expedite extradition.

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

    See question