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Michael Adam Haber
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Michael Haber’s Answers

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  • How can I get my fines reduced

    I have a couple of fines that I have to pay I asked the clerk's of courts if I could be placed on a payment plan and one person said yes but when I went to get on the plan they told me I couldn't because it's already in collection. Any ideas on ho...

    Michael’s Answer

    Unfortunately that's what happens when you are delinquent with financial obligations. Even more unfortunate is tat you may wind up with a license suspension on top of being in collections.

    My advise: Hire a lawyer to try to remove your case from collections and get it back in front of the court.

    Shy of that you are stuck with paying the collections agency.

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

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  • Inmate in Tallahassee DOC was approved for transfer to S FL over 1yr ago would hiring lawyer help get his moved done sooner

    Inmate at a Tallahassee DOC was approved back in May 2015 for a transfer to a facility closer to home in South Florida. We've been told could take up to 3 yrs. Would hiring a lawyer help in getting his transfer done any sooner? Thanks, Erin

    Michael’s Answer

    Sadly, DOC marches to the beat of it's own drummer.

    Still, hiring a lawyer can't hurt (just know that it also won't necessarily help).

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

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  • Can I be defended by an attorney who was a prosecutor against me in a different case?

    I am being charged with delivery of marijuana in a school zone and am on my 3rd public defender cuz the first 2 had supposed conflicts of interest. But my current public defender was a prosecutor against me a couple years ago and in that case I wa...

    Michael’s Answer

    Q: Can I be defended by an attorney who was a prosecutor against me in a different case?

    A: Good question. Unfortunately this is an ethical question for the former prosecutor / present PD and not a legal question for you.

    I suspect that you could have your present PD / former prosecutor disqualified under your facts, but I also suspect that s/he is a much better PD having served as a prosecutor, so you might wish to consider this before you act.

    I suggest that you schedule a meeting and have an open and honest discussion with your lawyer and then make an educated decision.

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

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  • Can my license be suspended, and is it possible for me to get it back?

    in 2014 my license was suspended in the state of NJ, couple days after it was suspended i was given a speeding ticket in the state of NY on my way to work. completely forgetting about the ticket, i left it unpaid until couple months ago, now that ...

    Michael’s Answer

    I don't know what kind of a mess you've gotten yourself tangled up in but I do know that it's a mess.

    A license suspension is a license suspension regardless of your State.

    You are not permitted to lose a license in State X and then drive in State Y.

    You are also not allowed to forum shop for a driver license.

    My advise is simple and two-fold: 1) Do not drive until you have a valid operator's license and no open suspensions (anywhere) and 2) 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.").

    In my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can't speak to NY or NJ 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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  • Does my son have any options to reduce his felony drug conviction fees and court cost?

    My son was arrested a couple months past his 18th birthday. He accepted a plea deal of 6 years and approximately $400,000 in fines. He is willing to do his time but we all know there is no possible way to pay these fines. He's never had a job a...

    Michael’s Answer

    I am not a TN lawyer so I cannot comment on matters of TN 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 a) a signed deal is usually a done deal (there are procedures to set pleas aside in every state but they have legal parameters and consequences), b) charges do not get reduced without both significant effort and legal or factual precedent, c) there is no such thing as a debtor's prison (unless you have money and willfully choose to do things with it other than paying your court ordered obligations) and d) you generally cannot discharge court ordered obligations in bankruptcy.

    That said, again I am not a TN lawyer and you are best advised to find a Memphis, TN 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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  • Do I have to pay a 250$ fee for shoplifting, filed under the law office of Michael Ira Asen signed by Christopher M. Boedefeld?

    Do I have to pay a 250$ fee for shoplifting, filed under the law office of Michael Ira Asen signed by Christopher M. Boedefeld. I got caught shoplifting at JC penny and what will my consequences be if I'm only 16? The cops were called but I wasn't...

    Michael’s Answer

    I am not a MO lawyer and cannot speak to matters of MO law or procedure but in FL, where I have been a practicing criminal defense litigator for 25 years I come across these civil retail theft demands frequently and, across the board, each and every time, I advise folks not to pay them.

    In Florida, in order for a retailer to get the penalty, the retailer has to be able to prove (by clear and convincing evidence) that they were injured by your theft. The statute (see F.S. 772.11 - http://www.flsenate.gov/Laws/Statutes/2012/772.11 ) authorizes them to seek a minimum of $200 in damages, but to do that they have to file a civil lawsuit, which will cost them hundreds and maybe more just to file, and 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 a personal, and a not a criminal defense attorney related question.

    All of that said, again I am not a MO lawyer and you are best advised to find a Kansas City, MO 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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  • I recently started a bartending job, will my warrant come up and prevent me from serving alcohol when legal forms are submitted

    My job and where I reside is out of NH. I have a felony bench warrant out of CT. (I haven't been convicted) I Recently was told we need to submit clearance forms to the NH liquor commission as a person in charge. My boss knows about my situation. ...

    Michael’s Answer

    Q: Will my warrant show up?

    A: Maybe yes maybe no. I cannot tell you with any degree of certainty what I am going to have for dinner, much less whether or not your warrant show up.

    What I can tell you is that the bottom line with warrants is that they suck (well that and that oftentimes they end up in untimely and inconvenient incarceration). When it comes to the subject of warrants, anyone anywhere who has knowledge of the existence of the warrant has 2 choices: Either they can deal with it proactively, in an offensive manner or they can live day to day, waiting until it is ultimately served, and then play catch-up (defense).

    In this light warrants can be likened to cancer. If it exists (whether it is a warrant or cancer) then you have a problem. You can either choose to deal with the problem and hope for the best or you can wait for the problem to deal with you in its own natural fashion. In the former event it may or may not work out favorably for you, but, in the case of a warrant, at least the State and the Judge will have to acknowledge that you voluntarily chose to bring the matter to them (which is an undeniable fact that even an inexperienced lawyer should be able to use your advantage during the pendency of your case). In the later event, however, just as with cancer, the longer that you choose to wait (whether in denial, self-pity or simply because you are lost in hope, desperation and prayer that it'll heal itself / go away) then more time that it has to metasticize and destroy you from within.

    You may well have defenses to your charges, I don't know. What I do know is that you should discuss the matter with an experienced CT criminal defense lawyer. Further, I am certain that, right, wrong or indifferent that the warrant is a veritable cancer which will almost surely prejudice you, whether with the Court, the State or both, sometime down the legal pike.

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

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  • What should I expect from the TSA? Checking a loaded gun in my bag.

    I fly a lot. I recently started checking my handgun on flights. I have a very nice lockable hard case that I store it in on flights. I was in a hurry for this flight and simply put my handgun in the case, still loaded, thinking it wouldn't be a bi...

    Michael’s Answer

    Wait until you get the letter.

    It will be a civil demand not a criminal matter.

    Rest assured that a) you will be fined and b) that you are lucky that they chose to accept that this was a simple mistake and not an intentional (and therefore criminal) act.

    Once you get the letter you can hire a lawyer to negotiate the fine for you.

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

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  • Would having my criminal record sealed be a problem for a future citizenship application?

    This is for a CWOF for a DUI. Probation period is up.

    Michael’s Answer

    This is not a criminal defense 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 "criminal defense" as a practice area.

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

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  • Can I sue the judge or state & civil court?

    April 16, 2015 I've been doing drug test is back to back for no apparent reason.. I never tested positive for any drug I've been doing drug classes monthly drug testing every time I go to court I drug test and I am negative .. So now the court wa...

    Michael’s Answer

    Welcome to the criminal justice system, where you have no power, no control and do not get to have wish wishes granted or respected.

    Still, "Can I sue _______" is not a criminal defense question; It 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.

    Still, this is not a criminal defense question; It is a civil rights question, and, if you want to increase your odds at getting a competent answer then you should repost this question and list "civil rights" and not "criminal defense" as a practice area.

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

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