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Michael Adam Haber
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Michael Haber’s Answers

10,265 total


  • How long before trial on felony drug charges?

    My sister in law has been arrest 4 times in the last 13 months. Three of the times was for possession of meth and one of those times included intent to distribute. Each time she has had a bond set and posted it and was released. When I checked wit...

    Michael’s Answer

    Q: How long will it be before she goes to trial and is actually sentenced?

    A: Whenever the court schedules a trial it will occur.

    Q: Will they look at her other offenses when she goes to trial?

    A: Probably not. Unless they are consolidated or there is some compelling reason for them to be cross-referenced each case should stand and be tried on its own merits, having nothing to do with any of the others.

    Q: Will they take all of those other cases into consideration as well?

    A: If she is convicted you can bet that the judge will consider them when sentencing occurs.

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

    See question 
  • Is being in PR Bonds probation constitutional?

    Is the system accusing you guilty before having a fair trial? I got an attorney and hired my own bail company. They placed me on probation while my trial is set till next year. Can someone explain??

    Michael’s Answer

    You are confused.

    Probation is a sentence and sentencing occurs after a verdict is entered.

    You cannot be on probation before your case is resolved.

    You are on pre-trial release, the conditions of which are generally similar to probation (do not violate the law, no drugs, weapons, don;t be around criminals, get permission to travel, possible urine testing, etc), but it is not probation.

    If you do not have your own lawyer then you would be well advised to get one.

    You need your own custom tailored advise, and you're not gonna get that online.

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

    See question 
  • Shoplifting charge less than $100 while on probation in Temple,Texas

    Already on probation. And got tickets a few months ago and was able to receive deferred for 90 days on both tickets. And now was accused of shop lifting under $100. So what will happen now?

    Michael’s Answer

    I am not a TX lawyer so I cannot comment on matters of TX law or procedure. However, had you asked this question in Florida, where I have been a practicing criminal defense attorney for a quarter of a century, then I would say that your petty theft is significant enough to violate your probation and land you in jail.

    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.

    It seems to me that you now have 2 problems (a VOP and a new substantive offense) and that you need a skilled and experienced Temple, TX criminal defense lawyer working for you asap.

    That said, again I am not a TX lawyer and you are best advised to find a Temple, TX 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.

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  • How could i know about my status in USA if I didn't pay the tickets?

    I am from ukraine I got f1 visa from august 2014 to august 2017 but I was painting pictures on the time squere in new york city police gave me 2 tickets 1st - for working without permission 2nd - for painting near the subway how coul...

    Michael’s Answer

    This is not a "speeding ticket" question; It is an immigration question.

    If you want to increase your odds at getting a competent answer then you should repost this question and list "immigration" and not "speeding ticket" as a practice area. In fact, I will do this for you....

    I hope that I have been helpful in properly re-directing your question.

    See question 
  • Is it violation of my rights

    I was seen in er and i was gave a dr note i took it to work and my job called guestioniong the time range of when i was there when i was there time frame wise and was givin this info is this ok

    Michael’s Answer

    This may be an employment law question (I'm not sure) but it certainly is not a criminal defense question.

    See question 
  • Do you have to have a lawyer to get shock probation, or is it automatically done? and does it effect your chance of parole?

    My love one in in TDCj and was told today he can file for a shock probation but comes up for parole at end of this month. Is this a good idea?

    Michael’s Answer

    It may or may not be a good idea.

    But what is definitely a bad idea is to seek legal advise without having a meaningful consultation.

    A competent legal opinion requires a trip to a real world lawyer's office, where an examination of the case file can occur and supplemental questions can be asked and answered. You simply cannot get a responsible and competent legal opinion online as you have asked.

    Anything that any cyber-lawyer says is sheer - complete 100% .- speculation (not to fail to mention irresponsible and probably malpractice).

    My guess is that you probably would not 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).

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

    See question 
  • What can I do

    I have a charge of DWI in the 3rd I've had a recent change in probation officers she personally doesn't like me I have a home blower unit which is been replaced 4 times in under a year from malfunctioning and not sending data every time I go in sh...

    Michael’s Answer

    Same question same 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 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 and appeal (or not).

    In the interim (and even though it is not __-based) you might consider taking a look at my AVVO Legal Guide on surviving probation / CC in Florida. It contains a great deal of information on the subject, supplement this answer and may prove to be helpful to you (and most of the concepts apply to all States, not just FL). 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-...

    I hope that I have been helpful in answering your question

    See question 
  • What are my options for a possession citation?

    I received a citation for possession of marijuana less than 1oz and I'm told its a misdemeanor. It was truly not mine (I know everyone says that) however it was found in my car, so here I am. I have no criminal history whatsoever, never been arres...

    Michael’s Answer

    You can start by stop doing your own research, discontinue playing lawyer and hire one.

    Look, it took 19 years of school and 25 years on the job and I am still learning so I cannot possibly even begin to explain to you on the internet the intricacies of defending a drug case, even a misdemeanor possession case (which, btw, can effect the rest of your life).

    If you want to try to figure out how to handle your case in your best interests then you would HIRE A LAWYER (caps intentional).

    You are free to do what you want but I urge you not to represent yourself.

    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: Hire a lawyer.

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

    See question 
  • What can i do

    I have a probation officer that does not like me personally I have a charge of DWI in the 3rd I have a home blower that has changed 4 times in under a year for malfunctioning she keeps saying every month that I'm missing days which I am not I miss...

    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 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 and appeal (or not).

    In the interim (and even though it is not TX-based) you might consider taking a look at my AVVO Legal Guide on surviving probation / CC in Florida. It contains a great deal of information on the subject, supplement this answer and may prove to be helpful to you (and most of the concepts apply to all States, not just FL). 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.

    See question 
  • Need new york lawyer

    please help me to find out how to pay my tickets I got them at the september 2014 I dont know how to pay them

    Michael’s Answer

    We (participating AVVO lawyers) are not permitted to solicit business for either ourselves or for other lawyers. I can, however, offer you the following suggestion: Use the "Find a Lawyer" feature on Avvo to locate lawyers in your geographical area and contact a few. More I cannot offer you along these lines and on this forum.

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

    See question