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Michael Adam Haber

Michael Haber’s Answers

34,834 total


  • CanCan I be charged for fleeing and looting if I was never caught in the vehicle or seen by video?

    Michael’s Answer

    Mr. Kollin is (as usualy) spot on.

    That said, you are asking the wrong question.

    Whether the cops or the prosecutor are legally right or wrong is a not for either you or me to decide. That decision is left to a Judge (or a jury).

    The question that you should be asking is "now that I got a arrested what am I going to do about it?", and in that regard I strongly urge you to HIRE A LAWYER (caps intentional).

    Internet lawyers can't and won't fight your case for you, nor can or will we give you a crash internet course on criminal defense, criminal procedure, the rules of evidence and the art of cross examination, and arguing about what the cops or prosecutor did or did not do in your case is both irrelevant and unproductive (as, again, whether the cops were legally right or wrong is a not for either you or me to decide... that decision is left to a Judge).

    The bottom line is that you're in the system now, there are no magic internet answers (unless you are buying them from the same guy who sold Jack his magic beans) and your odds at a favorable outcome will exponentially increase with the assistance of a skilled and experienced criminal defense lawyer efforting on your behalf.

    My advise is simple: Lawyer-up, stat.

    Wishing you luck and hoping that I have been helpful in answering your question.

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  • How can I gain auto insurance with an FR44 in FLorida for less than $4000 every 6 months?

    Michael’s Answer

    Insurance companies rate people based upon risk, and apparently you are way up there.

    That said, this is not a question for lawyers; rather it is a question for your insurance agent.

    Wishing you luck and hoping that I have been helpful in answering your question.

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  • Can a probation officer make you get rid of your dog?

    Michael’s Answer

    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: 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.

    So, 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 your 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 an appeal (or not).

    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, supplement this answer and may prove to be helpful to you. For your convenience a link follows:

    Michael A. Haber, Esq.'s AVVO Legal Guide on Probation in Florida: What it is and how to survive it? http://www.avvo.com/legal-guides/ugc/probation-in-florida--what-it-is-and-how-to-survive-it

    Wishing you all luck and hoping that I have been helpful in answering your question.

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  • How to negotiate domestic violence plea deal?

    Michael’s Answer

    I am compelled to point out that you have a lawyer yet you are on the internet asking other lawyer's for advise and If I were your attorney then I would be none too happy with you right about now.

    Unless you are dissatisfied with or are planning on firing your attorney then you should be permitting her/him to do her/his job without soliciting advise from other attorneys who would be second guessing the guy / gal in the trenches (and in the process also very likely doing more harm than good), and if you want a competent second opinion then you are going about it the wrong way.

    If you want a competent 2nd opinion then get offline and into a real world lawyer's office, with a complete copy of your file, including all items of discovery. Anything that any cyber-lawyer says is sheer - complete 100% .- speculation (not to fail to mention irresponsible and probably malpractice). I dare say that you probably wouldn't seek a 2nd opinion about surgery online (at least I hope you wouldn't... I wouldn't... I would take my X-Rays, MRI, blood work, whatever to another surgeon's office, engage in a detailed consultation and get an "informed" 2nd opinion... which is precisely what you should so here).

    That said here is what I will tell you about plea bargains:

    You have no right to a plea bargain, and the second thing that you need to know is - by it’s very nature - a plea bargain is a negotiated agreement, meaning that both sides are usually gonna have to give up a little something to get themselves a little something, even though in most cases it’s the prosecutor who’s holding all the cards.

    While you can’t force a prosecutor to offer you any particular, much less a “better” plea bargain you do have a few options: 1) You can always make a “counter-offer”, and this process can go back and forth as long as both sides are willing to negotiate; 2) You’re always free to bypass the prosecutor and plead straight up to the court; 3) You can build a solid defense (whether based on the evidence or with the use of expert witnesses) and prove your way into a better plea offer; 4) You can proceed to trial; 5) You can try to stall your case until your prosecutor is reassigned and a new one takes over; 6) You can try to go over your prosecutor’s head to her or his supervisor; 7) You can find yourself another lawyer who has a better "relationship" with a hostile prosecutor.

    But, at the end of the day, if you’re not willing to either accept the final deal that the prosecutor has put on the table or to plead straight up to the court then you, my friend, are going to trial.

    Wishing you good judgment, luck and hoping that I have been helpful in answering your question.

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  • Is violation of drug court conditions the same as vop?

    Michael’s Answer

    The wording and lack of specifics in your proffer makes it impossible to answer.

    Drug court is not probation. Drug court is drug court, which is a form of pretrial diversion in the shape of a conditional program which, if successfully completed, results in a dismissal. Probation is a post-adjudication sentence which is served after guilt has been established.

    While completely different they do share one thing common, to wit: when you fail to perform as required (or otherwise violate the terms and conditions) then you violate (in the case of drug court you are bounced-out and required to face your original charges in front of a trial judge and a prosecutor who know both the fact that you were - and why you were - booted out of drug court and in the case of probation you face a VOP in front of the Judge who sentenced you to probation).

    That said your proffer is cryptic (i.e. it's hard - but not impossible - to fathom that you are concurrently both in drug court and on probation) and I suggest that you speak with a real world lawyer who can look you up in the system, determine what your actual status is and then offer reasonably informed advise.

    Wishing you luck and hoping that I have been helpful in answering your question.

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  • What do I do?

    Michael’s Answer

    Sit tight, wait for court, make sure to appear and if you're both eligible for and want diversion then it will happen then and there.

    That said, the question now is whether or not diversion is right for you. There may or may not be 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 without going through diversion.

    The best way for you to get competent advise is going to be to have a face-to-face meeting with a criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police report and then offer an informed opinion (note that a PD can do this as well).

    But, again, if you're Hell bent on diversion, then please take a look at my AVVO Legal Guide on Diversion in Florida. It contains a great deal of information on the subject and should be helpful to you. For your convenience a link follows:

    Michael A. Haber, Esq.'s AVVO Legal Guide on Pre-Trial intervention / Diversion: What is it and is it right for me? - http://www.avvo.com/legal-guides/ugc/pre-trial-intervention--diversion-what-is-it-and-is-it-right-for-me

    As an aside, you may also receive a letter in the mail from the retailer demanding that you pay them money as a civil penalty. If this happens then you should know that in order for them to get the civil penalty they have to be able to prove (by clear and convincing evidence) that they were injured by your theft. The statute authorizing the civil demand (see F.S. 772.11 - a link appears below ) permits a retailer to seek a minimum of $200 in damages, but to do so they have to first file a civil lawsuit, which will cost them hundreds of dollars just to file, and then many more to prosecute. Their demand letter to you is essentially an offer to settle a potential civil lawsuit for $200.00, a lawsuit which has not yet, and which may never be, filed.

    That said, whether or not you pay them is both a personal and a civil, and NOT a criminal defense related, question.

    Please see: FS 772.11 - Civil Theft / http://www.flsenate.gov/Laws/Statutes/2012/772.11

    Wishing you luck and hoping that I have been helpful in answering your question.

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  • Does a person have to turn themselves in to jail in order to have a motion heard by the court when charged with a crime?

    Michael’s Answer

    If you've been charged with a crime then do yourself a favor and don't play lawyer... hire one.

    If you do not know / have an attorney then feel free to 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.

    Wishing you luck and hoping that I have been helpful in answering your question.

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  • In the state of Florida what are the charges 812.014.3?

    Michael’s Answer

    The charge is: 812.014 Theft.
    (1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
    (a) Deprive the other person of a right to the property or a benefit from the property.
    (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
    (3)(a) Theft of any property not specified in subsection (2) is petit theft of the second degree and a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and as provided in subsection (5), as applicable.

    Second degree misdemeanors are punishable by up to 60 days in jail, 6 months probation, a $500.00 fine and a permanent criminal conviction.

    That said, rather than focusing on penalties perhaps you should consider how to beat or mitigate your daughter's case (hint: hire her a lawyer... or not... it's your call)?

    Wishing your family luck and hoping that I have been helpful in answering your question.

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  • What do you do when falsely detain and accused of stealing but it was proven they wrongfully accused you and embarrassed you?

    Michael’s Answer

    Your mother is free to "press charges" (meaning that she can either call the cops to you or go to the police station and file a report making any allegation that she feels is appropriate) against anyone on the planet - or beyond (you'd be surprised at what I've seen in 30 years) for damn near anything.

    The question is whether or not the cops find your mother and her story compelling and credible enough to act on it and whether or not they have the jurisdiction to so act. If they do then they will make an arrest; if they do not then they will not.

    If no arrest is made then she has 3 choices: 1) Hire a criminal defense lawyer to assist in either redirecting her allegations to another law enforcement agency or directly to the prosecuting authority, 2) consider retaining a civil lawyer to file a lawsuit or 3) get over it and move on with life.

    Wishing everyone luck and hoping that I have been helpful in answering your question.

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  • Can I get in trouble for accidentally not scanning 2 or 3 items at self scanning at Walmart?

    Michael’s Answer

    Unfortunately whether it was an accident or not is not for you to decide... that is up to the cops, then a prosecutor, then a judge or a jury... but all that assumes that the cops are ever called and that they ever link you to the incident.

    If they do then you can expect to hire a lawyer and of not then you got lucky.

    Meantime, pay more attention, because you do not need this sort of aggravation (and while I can't guarantee much as a lawyer I can promise you that defending a theft case will cost you one hell of a lot more than simply paying for the few items at the Walmart self-check-out-kiosk).

    Wishing you better judgment, luck and hoping that I have been helpful in answering your question.

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