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Michael Adam Haber
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Michael Haber’s Answers

10,288 total


  • What does "court pending, no action taken, public defender to locate and serve"?

    I was arrested in 2015, for driving with licence suspended with knowledge. I was released after some time in state mental institution. As I check the case on the clerk of courts records. It shows the last transaction written to be " court pending ...

    Michael’s Answer

    If you want to KNOW (caps intentional) what a Clerk's docket entry means then I suggest that you go straight to the source. Call the Clerk of Court (if it is the 407 then a link to their contact information follows below) and ask a Deputy Clerk to explain the entry to you after which you will KNOW (again, caps intentional) what it means. (As an aside, 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 the Deputy Clerk's can be. Conversely...)

    Please see: https://www.myorangeclerk.com/

    That said I urge you to contact your PD as there is probably (almost certainly in fact) a warrant.

    In the interim I hope that I have been helpful in properly re-directing you to an accurate answer to your question.

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  • Can I find the Pretrial Intervention (PTI) application online?

    I am representing myself and cannot hire an atty. With that said I understand consulting with an atty would be the best option however I am doing it myself.

    Michael’s Answer

    Don't take this the wrong way but I am not in the habit of telling people how to defend / prepare / appeal their case.

    I invested a fortune in time, money and effort in becoming an attorney and have spent more than a quarter of a century honing my skills.

    With that background "How to Represent Myself" is not on my AVVO answer list.

    Hiring a criminal defense / appeals lawyer is the best, easiest and surest way to get the information that you seek.

    Still, for your information, 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 you or "graduate" you from their program.

    Knowing that, 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.

    That said you are of course free to engage on your own legal fishing expedition but, there is a solid reason for Abe Lincoln's age old quote that "he who represents himself has a fool for a client".

    Please do not be that fool.

    My advise is firm: Don't play lawyer, hire one.

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

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  • What happens if I don't pay Walmart's civil demand fee for shoplifting?

    I made a dumb mistake and got caught shoplifting at Walmart with my friend. They did not call the police or anything they let us go and said to just not do it again (we only tried to take like a $20 phone case). We get these letters in the mail fr...

    Michael’s Answer

    In Florida, retailers are statutorily entitled to seek monetary relief from folks for acts civil theft. However, in order for a retailer to get the penalty, the retailer must first be able to prove (by clear and convincing evidence) that they were injured by your theft.

    The statute (see F.S. 772.11 - for your convenience a link is attached below) authorizes the retailer to seek a minimum of $200 in damages, but to do so you either have to succumb to their demand (i.e. voluntarily pay them) or they (the retailer) will have to file a civil lawsuit, which will cost them hundreds just to file, and then hundreds or even thousands more to prosecute their claim.

    In Florida, the civil demand letter to you is essentially an offer to settle a potential civil lawsuit for $200.00, a lawsuit which is not yet and which may never actually be filed. That said, and again in Florida, whether or not you pay is both a civil and a personal, not a criminal defense, related question.

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

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

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  • Wouldn't they tell me in jail before I was released if my Level 1 ADI Online program agreement with the judge has been terminat?

    Don't u think they would have told me while I was there? Why would they say to continue where I had left off with the program and continue random U/A Requirements if they were to ,later on, say never mind ?? Basically I broke the agreement betwee...

    Michael’s Answer

    They may or may not tell you anything.

    It is not the jail's responsibility it is yours.

    The jail could care less about you.

    In fact the only person (in the legal system) who cares is YOUR LAWYER (caps intentional).

    The jail doesn't care, the cops don't care, your PO doesn't care, your prosecutor doesn't care and neither does your Judge.

    To these folks, you, my friend, are nothing more than a statistic.

    Talk to your lawyer. When you are in the criminal justice system your criminal defense lawyer is not only your BFF but s/he is also your life jacket.

    My advise: Get offline and into your lawyer's office. (That and don;t make admissions / confessions online and also do not use / fail UA's unless you like prison, in which case feel free to party on...)

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

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  • Skype sex and Age of consent

    Almost Two months ago, I met this girl online , she lives in a different state then me. We ended up having skype sex – she flashed me (nudity) but there was no nudity from my side. I later learned that she lied about her age after I looked her up ...

    Michael’s Answer

    You are fine.

    This time.

    Don't push the envelope.

    She may or may not be 17, and even if she is then the next one may not be.

    You have no way to know ("know", as in "to be certain") because people lie on social media. You may be sexting with a 43 year old guy who lives in his mom's basement or even a cop.... You will never, ever know.

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

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  • Is there any way I can avoid paying theses traffic tickets, driving with no insurance, tag not registered to vehicle.

    I got an accident In a car I was fixing and took it for a test drive. By the way I was not in Fault

    Michael’s Answer

    I strongly urge you to HIRE A LAWYER (caps intentional).

    My guess is that you have about as much business practicing law as I do piloting a space shuttle... meaning none. Please understand that this is not personal to you. It is a simple truism in the legal profession. It is very easy to screw up a case when one does not understand the complexities of the rules of evidence and the rules of procedure; and you are very likely to screw up your case if you serve as your own lawyer (ergo Abe Lincoln's famous quote... "He who represents himself has a fool for a client.").

    That said, 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 Pahokee area 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.

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

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  • Is it a violation of privacy for a sports camp to demand my minor child's (16 years old) phone along with password to search?

    My 16 year old son attended a 4-week sports camp where one day an employee (dorm-dad) demanded he (and a group of 4 other boys) give up their personal cell phones and passwords so that the dorm-dad could search through their texts, photos and emai...

    Michael’s Answer

    Unless the sports camp is run by the government there is no constitutional or criminal defense question raised here.

    You can readdress this with a civil lawyer if you wish to pursue a cause of action for damages.

    I hope hat I've been helpful to you.

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  • I was Arrested for obstructing a public roadway and possession of paraphernalia.

    The judge at first appearance found no probable cause on the obstructing charge. I thought that meant the charge was dropped. However it still shows up on the docket for arraignment. I'm in Collier County Florida. Does this mean the charges still ...

    Michael’s Answer

    You were arrested for the charge. That means that a cop though the s/he had probable cause ("PC") for the arrest.

    You were booked into the jail on the charges. The jail simply retypes what the cops type and books you accordingly.

    You were taken to your first appearance / bond hearing.

    The Judge reviewed the case strictly - solely - for the purpose of establishing bond. The Judge found PC on one charge, no nPC on the other and set your bond accordingly (for 1 and not for 2 charges... so, presumably, the bond was less than it would likely would have been had the Judge found PC for both charges).

    The case will now go to the State Attorney;s Office for review. They will assess the case at a standard higher than PC. The State will consider whether or not there exists substantial and competent admissible evidence to prove the case beyond a reasonable doubt (BARD). If the State finds that it can do so as to both counts (essentially overriding the initial appearance Judge's call on PC) then it will file both (and if only 1 then it will file only 1 and if none then it will abandon the prosecution at your Arraignment).

    Either way you will not know what the State will or will not file until either a) your Arraignment or until b) you hire a criminal defense lawyer to involve her/himself in the prefile process.

    When it comes to hiring defense counsel, sooner is always better,

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

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  • Will he go to jail?

    My boyfriend is on Felony Probation for being caught with weed and a gun. He got into an accident yesterday where he ran into a parked Truck and trailer with no lights or flashers in the road at night. Will that violate his probation and if so, wh...

    Michael’s Answer

    Did he report the accident or did he flee the scene?

    If he reported it then even if he was cited (unless he picked up a criminal offense in the process) he will not be violated.

    If he fled and the cops later find out and charged him then I would be shocked if his PO did not file an affidavit seeking a violation. In fact, I am relatively confident based upon his charges alone that his PO would not wait a NY second to take him into custody.

    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.

    Your beau 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:

    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

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

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