Michael Adam Haber’s Answers

Michael Adam Haber

Miami Criminal Defense Attorney.

Contributor Level 20
  1. Can I beat a petit theft, 2nd degree with it being my first offense?

    Answered 7 months ago.

    1. Michael Adam Haber
    2. Paul J Knudsen
    3. Travis Martin Williams
    4. Jeffrey Huntley Garland
    5. Seda Aktas
    6. ···
    6 lawyer answers

    If this is your first offense then it is almost certain that you will be eligible for a diversionary program. Diversion is a program which is designed to make you think twice about future criminality by way of making you jump through a series of proverbial hoops during a period of supervision, successful completion of which results in a dismissal. The program is owned and operated by the State Attorney's Office and they have absolute and unequivocal discretion as to whether to admit you, keep...

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  2. I went over my schedule with my pti officer. he came to my house at 6am knowing i was not there.is that legal?

    Answered 11 months ago.

    1. Michael Adam Haber
    2. William David Umansky
    3. Terry S Lavenstein
    3 lawyer answers

    PTI / diversion / probation / community control..... They all work similarly in that you are on their time, not your time. If they want to show up at 6 am or 6 pm or anytime in between then they will. (Incidentally they tend to do things like that until some foundation of trust is established.... this way they tend to quickly weed out the problem supervisees and identify those who can be trusted to be responsible.) So yes, its legal.

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  3. On probation for battery and resisting arrest, violated by picking up a felony battery on a pregnant woman, about how much time?

    Answered 12 months ago.

    1. Michael Adam Haber
    2. Colleen M. Glenn
    3. Ophelia Genarina Bernal-Mora
    3 lawyer answers

    Battery on a pregnant woman is an aggravated battery (784.045(1)(b)), a 2nd degree felony, which is punishable by up to 15 years in state prison. It is a most serious violent personal crime (a level 7 offense in FL) and scores mandatory prison time (precisely how much depends upon many factors which need to be "scored" and which include - but which are not limited to - the level of victim injury, the fact that he was on probation at the time and his prior record). In addition, as a...

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  4. CAN YOU WAR AN ANKLE MONITOR WHEN YOU HAVE A PACEMAKER AND DIFIBULATOR WHEN IT IS NOT RECCOMMENDED BY ANY CARDIOLOGISTS???

    Answered 12 months ago.

    1. Michael Adam Haber
    2. Christopher Daniel Leroi
    3. Christian K. Lassen II
    4. William David Umansky
    5. Ralph F. Guerra
    5 lawyer answers

    You will need the Judges permission to remove the ankle monitor, and in order to get the Judge's permission you are going to have to file (and almost certainly) litigate the issue. The bigger problem is that if you are on an ankle monitor then the odds are that it is in lieu of incarceration (i.e. the Judge is letting you remain out of jail but wants to keep tabs on you), and apparently the Judge wasn't comfortable in allowing you to be on "regular" CC (community control sans the monitor)....

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  5. DUI arrest 2009, pleaded reckless driving 2010. No arrests/convictions prior/since. Is any form of sealing possible in FL?

    Answered about 1 year ago.

    1. Michael Adam Haber
    2. Loren Weiss Pincus
    3. Mark H Randall
    4. Kevin Jeffrey Pitts
    5. Spencer Alan Cordell
    6. ···
    6 lawyer answers

    Sealing is available in a case where you received a withhold of adjudication, and expunction is available in a case which was dismissed, nolle pros'd, no actioned or where you were found to have been not guilty. In Florida you can only seal or expunge one eligible (non-disqualified) offense in your lifetime. DUI is a disqualified offense, but reckless driving is not. If you look at the following website you will learn everything you ever wanted to know about the sealing / expunction...

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  6. Charged with DUI, performed field sobriety exercises and blew a .16 and .17 respectively. Never was read breath testing rights..

    Answered 4 months ago.

    1. Michael Adam Haber
    2. Michael T Mackhanlall
    3. Megan Blancho
    4. Michael Charles McGinn
    5. Majid Vasigh
    6. ···
    8 lawyer answers

    In the non-law world it is coercion of the worst sort. In the legal world - in the DUI court world - it is routine. Look, there are no easy answers to DUI cases. They are tough and unforgiving. Sometimes, however, they are also beatable. Do yourself a favor and get off line and in to an experienced 813 area criminal defense lawyers (who's practice centers around DUI litigation) office and get some custom tailored advise. I hope that I have been helpful in answering your question.

    11 lawyers agreed with this answer

  7. If I received a with hold in my criminal case, does that mean I am convicted for employment purposes?

    Answered 4 months ago.

    1. Michael Adam Haber
    2. Michael T Mackhanlall
    3. Richard A. Alexander
    4. Richard Glenn Elie
    5. Alberto Marino Quirantes Jr.
    5 lawyer answers

    "No I have not been convicted of a crime but yes I have received a withhold of adjudication." You cannot answer the question accurately without stating what I just typed. 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 (...

    11 lawyers agreed with this answer

  8. Can i be charged petty theft in kholes i handed a ring to my friend who put it on her finger and waked

    Answered 7 months ago.

    1. Michael Adam Haber
    2. Christopher Robert Dillingham II
    3. Robert Jason De Groot
    4. Karen Rodriguez Ibarrondo
    5. Timothy England Moffitt
    5 lawyer answers

    Your age has nothing to do with your offense, and from your own narrative it appears as though you were properly charged. Do not expect the State, especially in Broward county to drop anything. That's just not the way it works. (Incidentally you are a "principal" not an "accomplice", although it's six of one and half a dozen of the other.) You will most likely be offered a diversionary program - an opportunity to EARN a dismissal, but that's about the best that town expect if you are...

    11 lawyers agreed with this answer

  9. I failed my first drug test what happens now?

    Answered 8 months ago.

    1. Seda Aktas
    2. Christopher Robert Dillingham II
    3. Michael Adam Haber
    4. Robert Jason De Groot
    5. Alberto Marino Quirantes Jr.
    5 lawyer answers

    Both of ,my colleagues are correct. You are facing revocation and a VOP. Not a smart move. All you can do now is shut-up, get offline and into an experienced Trenton area criminal defense lawyer's office and start planning on how to mitigate your loss. If you are lucky you will be terminated and done. If not then you can be sentenced. 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...

    11 lawyers agreed with this answer

  10. Can I get record sealed or expunged again?

    Answered 8 months ago.

    1. Michael Adam Haber
    2. Robert Jason De Groot
    3. Mark S. Germain
    3 lawyer answers

    No matter how many times you ask the question the answer will not change. Sealing is available in a ("a" as in one) case where you received a withhold of adjudication, and expunction is available in a ("a" as in one) case which was dismissed, nolle pros'd, no actioned or where you were found to have been not guilty. In Florida you can only seal or expunge one eligible (non-disqualified) offense in your lifetime. If you look at the following website you will learn everything you ever...

    11 lawyers agreed with this answer

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