Skip to main content
Michael Adam Haber
Avvo
Pro

Michael Haber’s Answers

6,019 total


  • State of Florida FLHSMV question. Can a Suspended Drivers License still be used as an Official Florida ID card?

    I've heard that if the DL has a star in the upper right corner, the DMV will clip it off and give it back to you as a FL ID. Also heard you can't possess a DL if it's suspended. Also heard it can be used as an Official FL ID as l...

    Michael’s Answer

    My two-cents: You will be best advised to worry less about what you can "use" your suspended FL-DL for and perhaps to expend a little more effort at determining how to reinstate your driving privilege.

    In the interim, if you wish to clear up the confusion from the website then you may want to call the good folks at DMV in Tallahassee (850-617-2000) and ask them directly. 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.

    My advise: Get offline and into a local Clermont area traffic lawyer's office, have them pull your Tallahassee printout, diagnose your problem and road map your solution. You will be much better served by having a valid FL-DL in your possession than in figuring out how to "use" your invalid one.

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

    See question 
  • Can minors use vape pens/e-cigarettes in Florida?

    I know that the sale of those to minors is illegal, but I am wondering if they are still allowed to be used by someone under the age of 18.

    Michael’s Answer

    Nope. No cigs, chew or vape.

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

    See question 
  • Laws about confidential informants?

    When there is a C.I. working with police... while not under the police supervision (in other words: not sent there by cops, just going on their own) is that person allowed to visit and "hang out/party" with the alledged criminal who the police are...

    Michael’s Answer

    This is the exact text book answer as to "how to be a CI 101". Go out, find trouble, rat the folks out to the cops and then act as the police instruct you. There is no per se violation here.

    That said, the issue of whether the Ci has acted lawfully or has exceeded the permissible scope of his / her "duty" can only be determined by a thorough / comprehensive analysis of the totality of the facts and circumstances of the case ( and you simply cannot get a competent answer to the legality of the same without discussing the matter in its entirety - which will include a review of the police version of events - with an experienced Alachua area criminal defense lawyer).

    Fortunately there is no lack of competent criminal defense litigators. Use AVVO (or better yet ask people you know and trust for referrals) to locate several, make appointment and conduct the interview process. Most will be happy to help you and if you do your due diligence then you will find "the one" who leaves you feeling comfortable enough to place your freedom in her/his hands.

    Please remember that there is no easy answer to your question.

    I hope that this has been helpful and wish him the best of luck!

    See question 
  • Is there a specific timeline for a rocket docket court date on vop?

    My nephew in Tallahassee was arrested May 15th for probation violation for missing a scheduled service day. This is his first violation. We were told he is on the schedule for rocket docket but his hearing is not until June 9th..I thought rocket d...

    Michael’s Answer

    Probation violations are treated very differently than new substantive arrests.

    You do not enjoy the same rights as a probationer that you do as a new law violator.

    I am a Miami guy so know nothing of a "rocket docket" (although I assume from your proffer and the other lawyer's answers that it is an alleged effort at expediting VOP hearings in your jurisdiction) but I can tell you that it is standard fare to keep a probation violator in custody long enough to impress upon her/him the seriousness of her / his probationary obligations as well as to be able to effect a resolution which hopefully includes reinstatement with a lesson learned.

    That said, being on probation is an alternative to incarceration. It is a gift of sorts, albeit it is given by an Indian giver who can take it back at any time (the alternative being jail). It behooves you to remember that at all times while serving your probationary period. It may help to think of your time on probation as walking on a tightrope. Stray just a little to either side, lose your concentration or balance even for a moment and you fall. However, instead of landing on the ground you land in jail or prison.

    Again, violations of probation (VOP's) are very different than substantive (new) cases. The terms and conditions of probation make it such that any material and willful violation can result in a no bond hold, a bench (not a jury) hearing (trial) with lax rules of evidence, admissible hearsay and a reduced burden of proof (a "preponderance of evidence" - or "more likely than not"). In the 305 (where I primarily practice) we have 45 criminal court Judges, some of whom are very strict and others who are more tolerant. I expect that the same holds true in the Tally area.

    My advise: Locate an experienced Tally area criminal defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound, has been custom tailored as possible to meet your nephew's specific reasonable needs in his unique case. A skilled and experienced criminal defense lawyer should be able to convince your nephew's Judge that swift action in his case is in everyone's best interests.

    In the interim you might consider taking a look at my Avvo Legal Guide on surviving probation / CC in Florida as it contains a great deal of information on the subject and may prove to be helpful to you. For your convenience a link follows:

    Please see: http://www.avvo.com/legal-guides/ugc/probation-in-florida--what-it-is-and-how-to-survive-it

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

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question