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Michael Adam Haber

Michael Haber’s Answers

7,743 total

  • Should I hire a lawyer for this?

    On Saturday morning my family member got shot a few times. We never got a call from the hospital nor the police department telling us what had happened to him. I found out that he got shot at on the 11pm news and has soon as I saw it I went to the...

    Michael’s Answer

    What is it that you are seeking to do?

    You family member is under arrest and needs defense counsel.

    If you think that you have some sport of a civil claim against either the cops or the hospital then you need a civil (and not a criminal) lawyer (but you should know that, not withstanding your inconvenience and heartache, I see no basis for any sort of a recovery for you based upon your proffer).

    I hope that I somehow have managed to have been helpful in answering your question.

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  • About a month ago i was arrested for Domestic Violense and they put me in pretrial diversion program.In 2 days I have to go pay

    About a month ago i was arrested for Domestic Violence and they put me in pretrial diversion program. In 2 days I have to go pay all my fees and get screened so i can enter my program. One day ago I was arrested for retail theft of second degree....

    Michael’s Answer

    As a standard condition of all PTI programs is that you remain at liberty and not get arrested during the life of the program the overwhelming odds are that you will probably get bounced out of diversion... but, if you don;t show the you will definitely get bounced out so I advise showing up and registering.

    I also advise hiring a local skilled and experienced criminal defense lawyer to defend you on both cases. You will all but surely be prosecuted for the new theft and will also likely have to defend the original DV case, and having a lawyer on your side would be a good head start.

    My advise: 1) Hope for the best, 2) prepare for the worst and 3) do not commit any more law violation.

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

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  • If one is Released on Recognizance in one county and has a writ in another county, does the 3 day pick up rule still apply?

    If Release on Recognizance is granted...

    Michael’s Answer

    "3 day pick-up rule?"

    That's anew one to me.

    There is no set in stone time frame for extradition and intrastate (county to county) extradition varies 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 or a month. 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 county that is seeking him 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 counsel in the county that issued the warrant 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 do not expect that anyone will honor the alleged "3 day pick-up rule."

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

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  • Life time probation - determined unconstitutional, some states following. How about the state of FL

    Where does FL stand when it comes to life time probation? Can a sex offender (categorized Predator/violent crime) get released from it and if yes, under what condition, what are the chances for success? Not only for him it is a living hell, but al...

    Michael’s Answer

    You are free to appeal and hope that FL courts follow your thoughts on the matter or to vote in new Legislators who may be inclined to propose new legislation, but until then I'm sorry and welcome to Hell.

    In FL life is life (both in prison and on sex offender registration).

    I know it's not what you want to hear but it is what it is and still, I hope that I have been helpful in answering your question.

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  • Can a probation officer override court orders?

    My husband just got out of court and the judges orders were community watch. In the court order, he is allowed to travel for work, go to the grocery store go to the doctor. Basic needs basically. He reported right after court to probation officer ...

    Michael’s Answer

    If I were you I'd get used to the idea that, like it or not you are STUCK with both your PO AND her power trip. If you give her anything but smiles and "yes ma'am" / "no ma'am" answers then she can (and from the sound of it likely will) make your life miserable. No matter how "right" you may be, no matter how "wrong" she may be, I promise you that you WILL NOT win the war that she can most easily wage against you.

    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.

    My advise: Suck it up buttercup. Do what your PO says, when she says to do it and keep your opinions about the matter to yourself. The alternative is jail, and possibly prison. BUT... (caps intentional) just as you must listen to your PO so too must your PO listen to the Judge. Where your PO is being unreasonable you are perfectly free to take the matter to the Judge (in the form of a formal motion), and in that light it is always best that you take the matter to the Judge on your own initiative and on yur own terms as opposed to your PO starting the process by filing an affidavit of violation of probation and seeking issuance of a warrant for your arrest. Either way, whether you petition the court proactively (on offense) or deal with the situation reactively (on defense), if you are right then the Judge will so advise your PO, and if not then you will be stuck following orders like a good soldier, while you file and appeal (or not).

    In the interim you might consider taking a look at both my Avvo Legal Guide on surviving probation / CC in Florida as well as my YouTube Webisode on "Power Tripping PO's" as they both contains a great deal of information on the subject, supplement this answer and may prove to be helpful to you. For your convenience links to both follow:

    Michael A. Haber, Esq.'s AVVO Legal Guide on Probation in Florida: What it is and how to survive it?

    Haber PA's YouTube Webisode on Power Tripping Probation Officers -

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

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  • Hi, I need help with getting a restitution that was ordered at the end of January 2015 It was to be paid immediately, was not,

    Hi, I am looking for some help with getting restitution from a car accident, There was an order for restitution filed at the end of January, nothing has yet come in the mail, Looks like I need to go after the defendant, Please advise if you ca...

    Michael’s Answer

    1) This is not a criminal defense question it is either a civil law (small claims) or victims rights advocacy question.

    2) We (participating Avvo lawyers) are not permitted to solicit business for either ourselves or for other lawyers. Use the "Find a Lawyer" feature on Avvo to locate lawyers in a given geographical area
    Still, I hope that I have been helpful in answering your question.

    3) If you intend to file a civil claim then repost your question with the practice area "small claims" or "lawsuits and disputes" and not "criminal defense".

    4) If you are interested in pursuing a restitution claim as a crime victim in criminal (and not in civil) court then be advised that in Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida's State Constitution) and by statute. If you want to increase your odds at having the State pursue your interests then you can hire your own criminal defense lawyer to serve as your Victim's Right's Advocate. Many criminal defense lawyers serve as effective victim's rights advocates.

    Please take a look at my YouTube Webisode on Crime Victim's Rights in Florida. It supplements this answer with valuable information on the subject. For your convenience a link to the video follows:

    Haber PA's YouTube Webisode on Crime Victims Rights Advocacy -

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

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  • Regarding my previous post about at&t and the postal service!!!

    I send the package with a return label that at&t sent me so I'm not sure if it is insured but how am i being held liable for doing what they told me to do which was send the package back, I have the print out of the tracking number that says it is...

    Michael’s Answer

    Have you been charged with a crime by the government or are you being held financially accountable by a private entity (AT&T)?

    This sure sounds to me like a civil and not a criminal question.

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  • My drivers license was suspended for a D6 violation of nonpayment of traffic tickets.

    I just received the Certificate of Compliance for paying the ticket by mail. So now I have to pay an additional $60 reinstatement fee payable to "Division of Motorist Services" by mail to The Bureau of Motorist Compliance P.O. Box 5775 ...

    Michael’s Answer

    While what you've proffered sounds good, it is impossible to diagnose your problem and give you an accurate answer without looking at your driver history and supporting documentation.

    I suggest that you 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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  • I live in Fl. Got a speeding ticket for going 83 in a 70. It's a criminal offense? How/What is the best way for me to go?

    I was in Sussex, VA on I-95. Please help me find out what to do. I live in Jax, Fl and was on vacation, just driving through VA and got a ticket. Just paying the fine, is that sufficient?

    Michael’s Answer

    1) Yours is not a question of Florida law; it is a GA law question and, unless they happen to be dually licensed, Florida lawyers cannot advise you on matters of GA Law. I suggest that you repost this question and put your location as "________, GA" instead of "J-ville, FL" and then you will attract GA attorneys.

    2) I strongly urge you to HIRE A LAWYER (caps intentional). In my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can't speak to GA 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.

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

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  • My brothers arrest date in fldoc is wrong by 6 months. Can it be corrected?

    My brother is in prison for vop. But his arrest date is july 2015 instead of dec 2014 his original arrest date. His credits were deducted but doc took from him 66 days and since the date is 6 month later he is maxing out in may 2017 instead of sep...

    Michael’s Answer

    DOC should automatically credit him for time already served under his "DC"#".

    Once he is redesignated to his FL-DOC facility please use the following link to determine his proposed release date:

    Afterward, if you believe that an error has been made then you can either directly contact the facility's classification unit or contact DOC directly to address the same. A link to all of that contact info follows:

    Only if, after all that, you remain convinced that either the release date is incorrect or lawful credit has not been given / credited, should you contact a local (local to the Court the did the sentencing) criminal defense lawyer and pay her/him to review the sentencing / disposition documents, confirm DOC and local jail records and then, if appropriate, file a legally sufficient motion with the Court.

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

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