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Michael Adam Haber

Michael Haber’s Answers

34,373 total


  • Can I clean a criminal record on my background for driving more than 6 months with an expired DL in Florida?

    Michael’s Answer

    Nope.

    I’m sorry, but you can’t erase entries on your FL driver history.

    If you are assessed points then they’ll only stay on your record for a period of 3 years, but the entry itself, meaning the fact of the issuance of the citation - or the suspension, or the revocation, or any other entry on your DMV printout - well that’s gonna outlive you... it’ll be there forever... literally. Unless you can reopen the case at the trial level and get it dismissed (and even if you do) then it will appear on your FL-DMV printout forever and a day.

    Sadly, sealing and expungement are criminal remedies, and they don’t apply to FL-DMV driver history entries. (Incidentally, as of today sealing and expungement also don’t apply to any civil matter, so until the law changes your DVRO or eviction or foreclosure... they’re all gonna be matters of public record, probably popping up on background checks - just like your driver history - forever and a day.)

    I’m sorry to be the bearer of bad news, but don’t blame me blame your Congresspersons.

    Thank you for your question. I appreciate your having asked it. Please remember that at #HaberPA it’s all about reasonable doubt!

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  • Can a judge in a juvenile case treat a prose litigant as an attorney ?

    Michael’s Answer

    You are either a lawyer or you are not a lawyer and in FL you can only be a pro se litigant when either the case does not involve the possibility of jail time or where the court has conducted the appropriate inquiry (under oath) to ensure that you both know how reckless your decision is yet still insist upon that path.

    Juvenile court is for kids who commit delinquent acts or for adults who are accused in dependency proceedings. If you are in a parent in delinquency court then you have no standing and do not get a lawyer. If you are a parent who is being challenged in dependency court then you are entitled to counsel unless you adequately waive that right.

    If you cannot afford counsel in dependency court and the Judge refuses to provide a lawyer to you then you should not argue with the Judge but you would be wise to politely (respectfully) advise the court that you want a lawyer every time that you speak (this will preserve the issue for appeal).

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

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  • Does county jail time count when you are waiting to be transferred to a state facility?

    Michael’s Answer

    Yes.

    Everyone in FL serves a minimum of 85% of their sentence so absent any reason for him to not earn his 15% he should serve 366 - 58 - gain time (or about 261 days).

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

    Once he is processed and designated to his FL-DOC facility you can use the following link to determine his proposed release date:

    http://www.dc.state.fl.us/inmatereleases/search.asp

    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:

    http://www.dc.state.fl.us/oth/inmates/release.html

    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.

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

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  • Does he stand a chance if he gets a lawyer & fights?

    Michael’s Answer

    The bottom line with VOPs is:

    1) There is no entitlement to bond on a VOP, Judges routinely deny VOP bonds for a variety of reasons (i.e. to sweat the probationer, to make a later plea more likely, to send a message to other probationers, etc.) and one can theoretically sit in jail for months on end waiting for a VOP... so the fact that the PO did not take him in is good, but it in no way restricts the court from doing so at any time;

    2) When on probation you are expected to take your legal status seriously, mostly by leading a crime free life but also by living up to your obligations in a timely fashion without fail, and this includes not having illegal controlled substances in your urine while the court extended you the privilege of being out of jail in exchange for your promise to behave;

    3) Neither prosecutors nor Judges look favorably upon anyone whom they perceive as having squandered the opportunity to serve a community based sanction rather than being in custody by willfully and substantially violating the terms of their probationary sentence (this is especially true where a new arrest is concerned but holds true for even "technical" violations);

    4) What will happen in this case is unknown - i.e. anything is possible, whether or not it is probable is another story - but YES... the odds at a favorable outcome will exponentially increase with the assistance of a skilled and experienced criminal defense lawyer efforting on the probationer's behalf.

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

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  • How can someone facing both federal and state charges for the same felonies get the state to drop charges?

    Michael’s Answer

    Charges do not magically disappear. Unless there is either insufficient proof, or if the police have exceeded their mandate or you are eligible for diversion then the only way that charges go away with the assistance of a skilled and experienced criminal defense lawyer who tirelessly efforts on your behalf.

    It sounds to me like you are in for a long and painful experience. Take a look at: https://youtu.be/DMdsAErxcF4

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

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  • Can I smoke weed on house arrest ?

    Michael’s Answer

    If you are approved for and receive a med-mar card and purchase med-mar from a licensed dispensary and pursuant to a valid Rx then there is no prohibition in FL and your probation cannot be violated. (If you care to then take a look at the following video: https://youtu.be/E1ScW2MqvQ0 ).

    If you do not have a MM card (or if you have illegal marijuana) or if you misuse your Rx then you can do what you want but you are begging for a VOP.

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

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  • Can an individual be charged with a crime for texting a prostitute for a massage?

    Michael’s Answer

    This is a big nothing.

    No crime.

    No victim.

    No issue.

    If you want to avoid issues then use Google, avoid BackPage type sites and try something legit, like this place...

    Massage Envy
    3.1
    166 Google reviews
    Massage spa in the Ferry Pass, Florida
    Located in: NorthSide Office
    Address: 6601 N Davis Hwy Suite 37A, Pensacola, FL 32504
    Hours:
    Open ⋅ Closes 10PM
    Products and Services: locations.massageenvy.com
    Appointments: massageenvy.com
    Phone: (850) 484-3689

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

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  • When I do my fingerprints for employment background will they see my pending charges?

    Michael’s Answer

    I don't have ESP, a crystal ball, Tarot cards, an Ouiji board or any other way to tell you who will see what and when but I can tell you this...

    It's probably a safe bet to assume that if you were arrested anytime in the digital age then your criminal record will almost certainly remain with you forever. To some degree or another this is true regardless of whether your ultimately seal or expunge a case. All arrests are matters of public record, and, even if they are subsequently removed from the public record they still remain alive and well in various private records. This is one down-side to technology.

    It's probably also an even safer bet that your new employer / bank would like to know that you are facing sentencing in federal court...

    Regardless, you are probably best advised to take the wind out of the sails by admitting your past issues / indiscretions to your present (or potential) employer, lender, landlord, licensing authority, admissions committee, etcetera, rather than waiting for them to find out on their own, but that's a personal, not a legal, decision.

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

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  • Malicious prosecution right choice ?

    Michael’s Answer

    You seem to be asking "can I sue" and "can I sue _______" 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.

    Wishing you luck and hoping that I have been helpful in properly re-directing your question.

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  • My husband was sentenced to five years in prison but would get all credit of gain time and time served, he violated the drug ?

    Michael’s Answer

    Post conviction sentencing issues are very detail oriented and can only be answered with a full and complete understanding of what actually happened by reviewing the document trail and possibly the transcripts of the proceedings... and only a real world lawyer can do that.

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

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