Friday, May 31, 2024

#HABERPA VIDEOFAQ # 401) "How do I avoid picking up “Gratuitous Charges”?" Michael A Haber Miami Criminal Defense Lawyer

 PLEASE WATCH #HABERPA'S VIDEOFAQ # 401)  How do I avoid picking up “Gratuitous Charges”? - https://youtu.be/cY1GVojDgf8



This Blog Post is a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information) but it also both marks the rollout of this latest batch of #HaberPA's VideoFAQs and highlights # 401) "How do I avoid picking up “Gratuitous Charges”?" and finally it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel).  Disclosures complete let's get to it:


- The PSA: #HaberPA's VideoFAQ # 401 explains the concept of “Gratuitous Charges”, offers Pro-Tips as to how to avoid the same and goes like this:





"Thanks for asking me “How do I avoid picking up “Gratuitous Charges”?”


There are a few things that you can do to avoid picking up Gratuitous Charges.  First and foremost you’ve gotta recognize that no matter how "right" you may be and regardless of how "wrong" Officer Unfriendly may be, in those crucial moments you’ve got to keep your cool.  Next, remember to practice "The Golden Rule" (i.e. "Do unto others..."). “Yes sir / yes Ma’am” will serve you far better than lecturing a cop about your constitutional rights, much less threatening to file a complaint.  When it comes to aggressive cops always bear in mind that, no matter how benign and well-intentioned, use of "de-escalation techniques" can backfire, so saying less will serve you best.  In that vein knw that it’s almost always an excellent idea to politely #UPx2 (i.e. "Shut-Up and "Lawyer-Up" / invoke The 5th and The 6th), as no matter how badly you want to say X, Y or Z, the less that you say to the police will almost always serve your interests better. Apart from your words always mind your actions, as what may be innocuous to you (things like exiting your car or reaching for your vehicle registration without being asked to do so) can easily be interpreted differently by a Cop.  Finally, no matter how difficult it may seem, always follow police instructions to the letter and never, ever physically resist nor flee.  Should a cop direct you to do X then do X.  Should a cop attempt to place you under arrest then just let it happen.  It may not be right, lawful or fair, but in that moment - at that time and in that place - it also is what it is, unless you fuel the fire and make it worse for yourself. 


Remember, there’s a time, a place and a person to challenge your arresting officer's actions and decisions, and the time is most definitely NOT in the moment (it’s later), the place is not at the scene (it’s in a courtroom) and the person is not you (it’s your criminal defense lawyer as anything that you think that you can say your lawyer can say better, smarter and safer).  


There’s not much worse than being held in "Contempt of a Contemptuous Cop". You may not have any control over whether or not a given cop perceives you as being condescending or impertinent, and while you can’t control anyone else on Earth, you do have an absolute ability to control your own actions, reactions, behavior and words. Should you manage to keep yourself in check then you’ll concurrently minimize the odds of a "bad" reaction by Officer Unfriendly."


- The roll-out:  Over the course of Memorial Day weekend we published #HaberPA VideoFAQs # 376 - 401, 5 of which deal with The Fourth Amendment per se, another 5 of which deal directly with the subject of warrants, 4 of which deal with searches and Motions to Suppress, 3 of which deal with Miranda Rights, 1 on "Spoliation of Evidence", 1 on "Chain of Custody" and 6 that deal with Arrests (more specifically 2 of which are generic, 2 concerning "Contempt of Cop" and 2 on "Gratuitous Charges").  


Again, today we are highlighting # 401) "How do I avoid picking up “Gratuitous Charges”?", which you can watch at the following URL: https://youtu.be/cY1GVojDgf8


- The shameless plug:  #HaberPA's VideoFAQ catalogue is now up to 401 Criminal Defense, Criminal Law, Criminal Procedure, DUI, BUI, Domestic Violence, Evidence, Crime Victim Rights and Seal & Expunge "Webisodes" and we are currently scripting 24 new ones concerning such topics as: The 6th Amendment, Public Defenders vs. Private Criminal Defense Counsel, lawyer ethics (insert snarky oxymoron joke here...) and client's rights as are imposed upon all lawyers in The Sunshine State via the Rules Regulating the Florida Bar and updated firearm / gun laws in Florida's new Constitutional Carry era.


If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw 


As of today we have 2,495 subscribers who've contributed to our 698,585 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!


Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "affirmative defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.


While I admittedly conjure a healthy percentage of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera).  Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on ‪X /‎Twitter (@Sharky910), MeWe (also @Sharky910), on YouTube (via MichaelHaberLaw) or by PM'ing me right here on FB‬ and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then we'll be happy to provide you with a custom tailored video answer to your relevant question.


With all that said I hope that you enjoy # 401, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no attorney-client relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs.  Any and all information which is both contained in and may be construed from our VideoFAQ is meant to be generic in nature, should only be considered as academic and is not intended to be construed as legal advise to any specific individual for any specific case.  Should you wish to seek actual legal advise then please feel free to contact #HaberPA directly.


Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.


Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #VictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.


At #HaberPA "it's all about #ReasonableDoubt"!


YT: www.youtube.com/c/MichaelHaberLaw

FB: www.facebook.com/Miami.Criminal.Lawyer

X: www.twitter.com/Sharky910

WWW: www.criminallaw.miami

E-Mail: Sharky910@aol.com

Cell: 305-798-2220

Office: 305-381-8686

Toll Free: 1-888-SHARK-8-1


When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1






THIS BLOG POST (AS ARE ALL OF #HABERPA's BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #Crime #Criminal #CriminalLawyer #MiamiCriminalLawyer #MiamiCriminalLaw #MiamiCriminalAttorney #CriminalDefense #CriminalAttorney #CriminalDefenseAttorney  #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalLaw #MiamiCriminalDefenseAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DV #DomesticViolence #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Seal #Sealing #Expunge #Expungement #CriminalRecord #CriminalHistory #Probation #ProbationViolation #VOP #PVH #PO #ViolationOfProbation #ProbationViolationHearing #PSA #PublicServiceAnnouncement #4thAmendment #FourtthAmendment #TheFourthAmendment #The4thAmendment $The4th #WarrantRequirement #4thAmendmentWarrantRequirement #Warrant #SearchWarrant #ArrestWarrant #BenchWarrant #FailueToApppear #FTAWarrant #FailureToAppearWarrant #FTA #AliasCapias #FuguitveWarrant #ExtraditionWarrant #GovernorsWarrant #ICEHold #ImmigrationHold #ImmigrationDetainer #ICEDetainer #Detainer #Writ #WritOfBodilyAttachment #WritOfAssistance #KingGeorgeIII #USConstitution #UnitedStatesConstitution #BillOfRights #NeutralAndDetachedMagistrate #WarrantlessSearch #SearchAndSeizure #Search #Seizure #Arrest #StopAndFrisk #TerryStop #LimitedPatDown #ConsentSearch #ExigentCircumstances #PlainView #PlainViewException #InventorySearch #Consent #MotorVehiclesSearch #FoundProperty #AbandondedProperty #BorderSearch #SchoolSearch #PrisonSearch #JailSearch #SearchIncidentToArrest #IncidentToArrest #EPICMF #ProbableCause #ReasonableSuspicion #ProofBeyondAReasonableDoubt #BurdenOfProof #BARD #BeyondAReasonableDoubt #ClerkOfCourt #FloridaDepartmentOfLawEnforcement #FDLE #UPx2 #ShutUp #LawyerUp #ShutUpAndLawyerUp #Invoke #InvokeThe5th #The 5th #RightToRemainSilent #PrivilegeAgainstCompulsorySelfIncrimination #RightToCounsel #The6th
#CompulsorySelfIncrimination #MoitonToSuppress #SuppressEvidence #EvidentiaryHearing #PretrialMotion #DispositiveMoiton # Miranda #MirandaRights #MirandaWarnings #ErnestoMiranda #PhoenixPoliceDepartment #UnitedStatesSupremeCourt #SupremeCourt #SCOTUS #MirandsVsArizona #CustdialInterrogation #Interrogation #IncriminatingStatements #MotionToSuppressStatements #SuppressStatements #Evidence #SploiationOfEvidence #Spoliation #SpoliationLetter #ChainOfCustody #AdmissibleEvidence #InadmissibleEvidence #TheGoldenRule #DoUntoOthers #ContemptOfCourt #ContemptOfCop #GratuitousCharges #ResistingArrest #ResistingArrestWithViolence #ResistingArrestWithoutViolence #Obstruction #ObstructionOfJustice #SamuelLJackson #QuentinTarantino #PulpFiction #Pumpkin #TimRoth #HoneyBunny #AmandaPlummer #ArmedRobbery #TheHawthorneGrill #Hollys #VincentVega #JohnTravolta #BadMotherFucker #Florida #StateOfFlorida #TheSunshineState #FloridaLaw #Perpetuities #RuleAgainstPerpetuities #TheRuleAgainstPerpetuities


PLEASE WATCH #HABERPA'S VIDEOFAQ # 400) "What are “Gratuitous Charges”?" @ https://youtu.be/ScxKcGWxbCM



This Blog Post is a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information) but it also both marks the rollout of this latest batch of #HaberPA's VideoFAQs and highlights # 400) "What are “Gratuitous Charges”?" and finally it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel).  Disclosures complete let's get to it:


- The PSA: #HaberPA's VideoFAQ # 400 explains the concept of “Gratuitous Charges”, offers Pro-Tips as to how to avoid the experience and goes like this:





"Thanks for asking me “What are “Gratuitous Charges”?”


Before we get to “gratuitous” let’s define the word “charges”.  Whenever anyone gets arrested that person has been “charged” by their arresting officer with either a single count or multiple counts against them, each count being a separate charge, or an allegation that a specific criminal law was violated.  So, for our purposes, a “charge” is any count that’s levied against you by a police officer.


Again, sometimes an arrest is for one lone charge whereas other times a single arrest will include multiple charges.  For instance, if I get arrested for a “Plain Jane” DUI then I should have one count / one charge of DUI; but if during the course of that same DUI the Officer finds open containers, controlled substances or unauthorized weapons in my car, or if I was either driving on a suspended license or fleeing and eluding, well then I am likely to be booked on multiple counts - or charges - all at the same time.  Another example is if I smash a car window, reach in and steal property that was inside of the vehicle then in 1 criminal episode I’ve committed at least 3 distinct offenses and should be charged with at least 3 counts, to wit: burglary, theft and criminal mischief.


Okay, so what are “gratuitous charges”?  Simply put, “gratuitous charges” is a slang term for additional, yet completely avoidable, counts that a cop levies against a citizen where, during the course of a police-citizen encounter, that citizen either actually engages in - or is perceived as having engaged in - disrespectful, condescending, impertinent or aggressive behavior.  This very real phenomenon is know as being held in “Contempt of Cop”, and, again, includes both actual and perceived behavior... in other words, you don’t truly need to be disparaging or derogatory to a cop; rather, the cop just needs to sense or feel that you’re being arrogant or pejorative in order to both hold you in “contempt of cop” and to levy actual additional, gratuitous charges against you.


Run of the mill “gratuitous charges” include such things as Obstruction of Justice, and Resisting Arrest - be it with or without violence.  Not only do such gratuitous charges increase your exposure in court but they also enhance your our of picket expenses - such as for bond and legal fees, as well as making your case more difficult for both you and your lawyer."


- The roll-out:  Over the course of Memorial Day weekend we published #HaberPA VideoFAQs # 376 - 401, 5 of which deal with The Fourth Amendment per se, another 5 of which deal directly with the subject of warrants, 4 of which deal with searches and Motions to Suppress, 3 of which deal with Miranda Rights, 1 on "Spoliation of Evidence", 1 on "Chain of Custody" and 6 that deal with Arrests (more specifically 2 of which are generic, 2 concerning "Contempt of Cop" and 2 on "Gratuitous Charges").  


Again, today we are highlighting # 400) "What are “Gratuitous Charges”?", which you can watch at the following URL: https://youtu.be/ScxKcGWxbCM


- The shameless plug:  #HaberPA's VideoFAQ catalogue is now up to 401 Criminal Defense, Criminal Law, Criminal Procedure, DUI, BUI, Domestic Violence, Evidence, Crime Victim Rights and Seal & Expunge "Webisodes" and we are currently scripting 24 new ones concerning such topics as: The 6th Amendment, Public Defenders vs. Private Criminal Defense Counsel, lawyer ethics (insert snarky oxymoron joke here...) and client's rights as are imposed upon all lawyers in The Sunshine State via the Rules Regulating the Florida Bar and updated firearm / gun laws in Florida's new Constitutional Carry era.


If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw 


As of today we have 2,495 subscribers who've contributed to our 698,585 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!


Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "affirmative defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.


While I admittedly conjure a healthy percentage of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera).  Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on ‪X /‎Twitter (@Sharky910), MeWe (also @Sharky910), on YouTube (via MichaelHaberLaw) or by PM'ing me right here on FB‬ and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then we'll be happy to provide you with a custom tailored video answer to your relevant question.


With all that said I hope that you enjoy # 400, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no attorney-client relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs.  Any and all information which is both contained in and may be construed from our VideoFAQ is meant to be generic in nature, should only be considered as academic and is not intended to be construed as legal advise to any specific individual for any specific case.  Should you wish to seek actual legal advise then please feel free to contact #HaberPA directly.


Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.


Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #VictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.


At #HaberPA "it's all about #ReasonableDoubt"!


YT: www.youtube.com/c/MichaelHaberLaw

FB: www.facebook.com/Miami.Criminal.Lawyer

X: www.twitter.com/Sharky910

WWW: www.criminallaw.miami

E-Mail: Sharky910@aol.com

Cell: 305-798-2220

Office: 305-381-8686

Toll Free: 1-888-SHARK-8-1


When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1






THIS BLOG POST (AS ARE ALL OF #HABERPA's BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #Crime #Criminal #CriminalLawyer #MiamiCriminalLawyer #MiamiCriminalLaw #MiamiCriminalAttorney #CriminalDefense #CriminalAttorney #CriminalDefenseAttorney  #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalLaw #MiamiCriminalDefenseAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DV #DomesticViolence #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Seal #Sealing #Expunge #Expungement #CriminalRecord #CriminalHistory #Probation #ProbationViolation #VOP #PVH #PO #ViolationOfProbation #ProbationViolationHearing #PSA #PublicServiceAnnouncement #4thAmendment #FourtthAmendment #TheFourthAmendment #The4thAmendment $The4th #WarrantRequirement #4thAmendmentWarrantRequirement #Warrant #SearchWarrant #ArrestWarrant #BenchWarrant #FailueToApppear #FTAWarrant #FailureToAppearWarrant #FTA #AliasCapias #FuguitveWarrant #ExtraditionWarrant #GovernorsWarrant #ICEHold #ImmigrationHold #ImmigrationDetainer #ICEDetainer #Detainer #Writ #WritOfBodilyAttachment #WritOfAssistance #KingGeorgeIII #USConstitution #UnitedStatesConstitution #BillOfRights #NeutralAndDetachedMagistrate #WarrantlessSearch #SearchAndSeizure #Search #Seizure #Arrest #StopAndFrisk #TerryStop #LimitedPatDown #ConsentSearch #ExigentCircumstances #PlainView #PlainViewException #InventorySearch #Consent #MotorVehiclesSearch #FoundProperty #AbandondedProperty #BorderSearch #SchoolSearch #PrisonSearch #JailSearch #SearchIncidentToArrest #IncidentToArrest #EPICMF #ProbableCause #ReasonableSuspicion #ProofBeyondAReasonableDoubt #BurdenOfProof #BARD #BeyondAReasonableDoubt #ClerkOfCourt #FloridaDepartmentOfLawEnforcement #FDLE #UPx2 #ShutUp #LawyerUp #ShutUpAndLawyerUp #Invoke #InvokeThe5th #The 5th #RightToRemainSilent #PrivilegeAgainstCompulsorySelfIncrimination #RightToCounsel #The6th
#CompulsorySelfIncrimination #MoitonToSuppress #SuppressEvidence #EvidentiaryHearing #PretrialMotion #DispositiveMoiton # Miranda #MirandaRights #MirandaWarnings #ErnestoMiranda #PhoenixPoliceDepartment #UnitedStatesSupremeCourt #SupremeCourt #SCOTUS #MirandsVsArizona #CustdialInterrogation #Interrogation #IncriminatingStatements #MotionToSuppressStatements #SuppressStatements #Evidence #SploiationOfEvidence #Spoliation #SpoliationLetter #ChainOfCustody #AdmissibleEvidence #InadmissibleEvidence #TheGoldenRule #DoUntoOthers #ContemptOfCourt #ContemptOfCop #GratuitousCharges #ResistingArrest #ResistingArrestWithViolence #ResistingArrestWithoutViolence #Obstruction #ObstructionOfJustice #SamuelLJackson #QuentinTarantino #PulpFiction #Pumpkin #TimRoth #HoneyBunny #AmandaPlummer #ArmedRobbery #TheHawthorneGrill #Hollys #VincentVega #JohnTravolta #BadMotherFucker #Florida #StateOfFlorida #TheSunshineState #FloridaLaw #Perpetuities #RuleAgainstPerpetuities #TheRuleAgainstPerpetuities

#HABERPA VIDEOFAQ # 399) :How do I avoid being held in “Contempt of Cop”?" Michael A Haber Miami Criminal Defense Lawyer

  PLEASE WATCH #HABERPA'S VIDEOFAQ # 399) :How do I avoid being held in “Contempt of Cop”?" @ https://youtu.be/s-kd8ZBxoz4




This Blog Post is a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information) but it also both marks the rollout of this latest batch of #HaberPA's VideoFAQs and highlights # 399) "How do I avoid being held in “Contempt of Cop”?" and finally it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel).  Disclosures complete let's get to it:


- The PSA: #HaberPA's VideoFAQ # 399 explains the concept of “Contempt of Cop”, offers Pro-Tips as to how to avoid the experience and goes like this:






"Thanks for asking me “How do I avoid being held in “Contempt of Cop”?”


"Contempt of Cop" occurs in situations where a Police Officer believes that her or his authority is being challenged or questioned. Such things as disobeying direct instructions, fleeing or taking a swing at a cop are obvious, but your words can get you there just as easily: for instance insisting that the cop is violating your rights to threatening to file a complaint against an officer can do the trick. Noting that a challenge to authority can be either actual or perceived (meaning you don’t have to say or do anything, you just need to be presumed to be defiant or recalcitrant) here’s how to avoid being held in Contempt of Cop. 


First, no matter how "right" you may be and regardless of how "wrong" Officer Unfriendly is, keep your cool.  Next, practice "The Golden Rule" / "Do unto others.  Know that using "de-escalation techniques" can - and often do -  backfire.  Always remember that “saying less will serve you best”, and in that vein it’s almost always an excellent idea to politely #UPx2 (i.e. "Shut-Up and "Lawyer-Up" / invoke The 5th and The 6th).  Still, apart from your words always mind your actions as things that seem innocuous to you (simple things like exiting your car or reaching for your vehicle registration without being asked to do so) are easily interpreted differently in the moment by a Cop.  Finally, no matter how difficult ot may be, always follow instructions and neither resist nor flee.  Should a cop direct you to do X - then do X.  Should a cop attempt to place you under arrest - then let it happen.  No it may not be right, lawful or fair - but in that moment - at that time and in that place - it also is what it is, unless you fuel the fire and make it more. Remember, there’s a time, a place and a person to challenge your arresting officer's actions and decisions, and the time is most definitely NOT in the moment (it’s later), the place is not at the scene (it’s in a courtroom) and the person is not you (it’s your criminal defense lawyer, who can say anything that you think you can say, better, smarter and safer).  


There’s not much worse than being held in "Contempt of a Contemptuous Cop". You may not have any control over whether or not a given cop perceives you as being condescending or impertinent, and while you can’t control anyone else on Earth, you do have an absolute ability to control your own actions, reactions, behavior and words. Should you manage to keep yourself in check then you’ll concurrently minimize the odds of a "bad" reaction by Officer Unfriendly."


- The roll-out:  Over the course of Memorial Day weekend we published #HaberPA VideoFAQs # 376 - 401, 5 of which deal with The Fourth Amendment per se, another 5 of which deal directly with the subject of warrants, 4 of which deal with searches and Motions to Suppress, 3 of which deal with Miranda Rights, 1 on "Spoliation of Evidence", 1 on "Chain of Custody" and 6 that deal with Arrests (more specifically 2 of which are generic, 2 concerning "Contempt of Cop" and 2 on "Gratuitous Charges").  


Again, today we are highlighting # 399) "How do I avoid being held in “Contempt of Cop”?", which you can watch at the following URL: https://youtu.be/s-kd8ZBxoz4


- The shameless plug:  #HaberPA's VideoFAQ catalogue is now up to 401 Criminal Defense, Criminal Law, Criminal Procedure, DUI, BUI, Domestic Violence, Evidence, Crime Victim Rights and Seal & Expunge "Webisodes" and we are currently scripting 24 new ones concerning such topics as: The 6th Amendment, Public Defenders vs. Private Criminal Defense Counsel, lawyer ethics (insert snarky oxymoron joke here...) and client's rights as are imposed upon all lawyers in The Sunshine State via the Rules Regulating the Florida Bar and updated firearm / gun laws in Florida's new Constitutional Carry era.


If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw 


As of today we have 2,495 subscribers who've contributed to our 698,585 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!


Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "affirmative defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.


While I admittedly conjure a healthy percentage of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera).  Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on ‪X /‎Twitter (@Sharky910), MeWe (also @Sharky910), on YouTube (via MichaelHaberLaw) or by PM'ing me right here on FB‬ and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then we'll be happy to provide you with a custom tailored video answer to your relevant question.


With all that said I hope that you enjoy # 399, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no attorney-client relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs.  Any and all information which is both contained in and may be construed from our VideoFAQ is meant to be generic in nature, should only be considered as academic and is not intended to be construed as legal advise to any specific individual for any specific case.  Should you wish to seek actual legal advise then please feel free to contact #HaberPA directly.


Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.


Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #VictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.


At #HaberPA "it's all about #ReasonableDoubt"!


YT: www.youtube.com/c/MichaelHaberLaw

FB: www.facebook.com/Miami.Criminal.Lawyer

X: www.twitter.com/Sharky910

WWW: www.criminallaw.miami

E-Mail: Sharky910@aol.com

Cell: 305-798-2220

Office: 305-381-8686

Toll Free: 1-888-SHARK-8-1


When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1






THIS BLOG POST (AS ARE ALL OF #HABERPA's BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #Crime #Criminal #CriminalLawyer #MiamiCriminalLawyer #MiamiCriminalLaw #MiamiCriminalAttorney #CriminalDefense #CriminalAttorney #CriminalDefenseAttorney  #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalLaw #MiamiCriminalDefenseAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DV #DomesticViolence #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Seal #Sealing #Expunge #Expungement #CriminalRecord #CriminalHistory #Probation #ProbationViolation #VOP #PVH #PO #ViolationOfProbation #ProbationViolationHearing #PSA #PublicServiceAnnouncement #4thAmendment #FourtthAmendment #TheFourthAmendment #The4thAmendment $The4th #WarrantRequirement #4thAmendmentWarrantRequirement #Warrant #SearchWarrant #ArrestWarrant #BenchWarrant #FailueToApppear #FTAWarrant #FailureToAppearWarrant #FTA #AliasCapias #FuguitveWarrant #ExtraditionWarrant #GovernorsWarrant #ICEHold #ImmigrationHold #ImmigrationDetainer #ICEDetainer #Detainer #Writ #WritOfBodilyAttachment #WritOfAssistance #KingGeorgeIII #USConstitution #UnitedStatesConstitution #BillOfRights #NeutralAndDetachedMagistrate #WarrantlessSearch #SearchAndSeizure #Search #Seizure #Arrest #StopAndFrisk #TerryStop #LimitedPatDown #ConsentSearch #ExigentCircumstances #PlainView #PlainViewException #InventorySearch #Consent #MotorVehiclesSearch #FoundProperty #AbandondedProperty #BorderSearch #SchoolSearch #PrisonSearch #JailSearch #SearchIncidentToArrest #IncidentToArrest #EPICMF #ProbableCause #ReasonableSuspicion #ProofBeyondAReasonableDoubt #BurdenOfProof #BARD #BeyondAReasonableDoubt #ClerkOfCourt #FloridaDepartmentOfLawEnforcement #FDLE #UPx2 #ShutUp #LawyerUp #ShutUpAndLawyerUp #Invoke #InvokeThe5th #The 5th #RightToRemainSilent #PrivilegeAgainstCompulsorySelfIncrimination #RightToCounsel #The6th
#CompulsorySelfIncrimination #MoitonToSuppress #SuppressEvidence #EvidentiaryHearing #PretrialMotion #DispositiveMoiton # Miranda #MirandaRights #MirandaWarnings #ErnestoMiranda #PhoenixPoliceDepartment #UnitedStatesSupremeCourt #SupremeCourt #SCOTUS #MirandsVsArizona #CustdialInterrogation #Interrogation #IncriminatingStatements #MotionToSuppressStatements #SuppressStatements #Evidence #SploiationOfEvidence #Spoliation #SpoliationLetter #ChainOfCustody #AdmissibleEvidence #InadmissibleEvidence #TheGoldenRule #DoUntoOthers #ContemptOfCourt #ContemptOfCop #GratuitousCharges #ResistingArrest #ResistingArrestWithViolence #ResistingArrestWithoutViolence #Obstruction #ObstructionOfJustice #SamuelLJackson #QuentinTarantino #PulpFiction #Pumpkin #TimRoth #HoneyBunny #AmandaPlummer #ArmedRobbery #TheHawthorneGrill #Hollys #VincentVega #JohnTravolta #BadMotherFucker #Florida #StateOfFlorida #TheSunshineState #FloridaLaw #Perpetuities #RuleAgainstPerpetuities #TheRuleAgainstPerpetuities

 PLEASE WATCH #HABERPA'S VIDEOFAQ # 398)  What is “Contempt of Cop”? @ https://youtu.be/rDLmQVqjLvg


This Blog Post is a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information) but it also both marks the rollout of this latest batch of #HaberPA's VideoFAQs and highlights # 398) "What is “Contempt of Cop”?" and finally it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel).  Disclosures complete let's get to it:


- The PSA: #HaberPA's VideoFAQ # 398 explains the concept of “Contempt of Cop”? and goes like this:






"Thanks for asking me “What is “Contempt of Cop”?”


Per Wiki (which has as fine a definition as you'll find anywhere): "Contempt of Cop" is law enforcement jargon in the United States for behavior by people toward police that they - the cops - perceive as being either disrespectful or insufficiently deferential to their authority. It’is a play on the phrase "Contempt of Court", and it’s not an actual offense. The phrase is associated with unlawful arbitrary arrest and detention of individuals, often for expressing or exercising rights guaranteed to them by the Constitution. "Contempt of Cop" is often discussed in connection with police misconduct, such as excessive use of force or police brutality as a reaction to perceived disrespectful behavior rather than for any legitimate law enforcement purpose." 


"Contempt of Cop" is a form of “occupational arrogance" - it occurs where a Police Officer believes - be it actual or perceived - that her / his authority either can not or should not be challenged or questioned.  From such an Officers' perspective, this can involve both verbal and physical challenges to authority, and ranges from disobeying instructions to insisting that a cop is violating your rights to threatening to file a complaint to fleeing to taking a swing and so on.


While neither legal nor acceptable, Contempt of Cop is both a very real and a reasonably foreseeable possibility where one - again, be it either in reality or simply as perceived - challenges, demeans, insults or humiliates a Police Officer.  So, if you either refuse or fail to follow instructions to the Cop’s satisfaction (be those instructions lawful, rational reasonable or not), if you’re willfully defiant or uncooperative, if you’re disrespectful or profane, if you levy a challenge to an officer’s authority - be it by telling Officer Unfriendly that you "know the law" or simply by proclaiming your "rights - if you engage in obstructive behavior (be it passive resistance to either being handcuffed or being redirected into a squad car, actually battering or striking a cop, fleeing on foot or in a vehicle, whatever...) in all these situations you’re likely to be held in “contempt of cop”. 


Apart from picking-up “gratuitous charges” like Resisting Arrest, Obstruction of Justice or worse, “contempt of cop” can result in the use of excessive force, ranging from a baton beat-down, getting tasered, or a shellacking by a gaggle of Gendarmerie."


- The roll-out:  Over the course of Memorial Day weekend we published #HaberPA VideoFAQs # 376 - 401, 5 of which deal with The Fourth Amendment per se, another 5 of which deal directly with the subject of warrants, 4 of which deal with searches and Motions to Suppress, 3 of which deal with Miranda Rights, 1 on "Spoliation of Evidence", 1 on "Chain of Custody" and 6 that deal with Arrests (more specifically 2 of which are generic, 2 concerning "Contempt of Cop" and 2 on "Gratuitous Charges").  


Again, today we are highlighting # 398) "What is “Contempt of Cop”?", which you can watch at the following URL: https://youtu.be/rDLmQVqjLvg


- The shameless plug:  #HaberPA's VideoFAQ catalogue is now up to 401 Criminal Defense, Criminal Law, Criminal Procedure, DUI, BUI, Domestic Violence, Evidence, Crime Victim Rights and Seal & Expunge "Webisodes" and we are currently scripting 24 new ones concerning such topics as: The 6th Amendment, Public Defenders vs. Private Criminal Defense Counsel, lawyer ethics (insert snarky oxymoron joke here...) and client's rights as are imposed upon all lawyers in The Sunshine State via the Rules Regulating the Florida Bar and updated firearm / gun laws in Florida's new Constitutional Carry era.


If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw 


As of today we have 2,495 subscribers who've contributed to our 698,585 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!


Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "affirmative defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.


While I admittedly conjure a healthy percentage of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera).  Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on ‪X /‎Twitter (@Sharky910), MeWe (also @Sharky910), on YouTube (via MichaelHaberLaw) or by PM'ing me right here on FB‬ and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then we'll be happy to provide you with a custom tailored video answer to your relevant question.


With all that said I hope that you enjoy # 398, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no attorney-client relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs.  Any and all information which is both contained in and may be construed from our VideoFAQ is meant to be generic in nature, should only be considered as academic and is not intended to be construed as legal advise to any specific individual for any specific case.  Should you wish to seek actual legal advise then please feel free to contact #HaberPA directly.


Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.


Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #VictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.


At #HaberPA "it's all about #ReasonableDoubt"!


YT: www.youtube.com/c/MichaelHaberLaw

FB: www.facebook.com/Miami.Criminal.Lawyer

X: www.twitter.com/Sharky910

WWW: www.criminallaw.miami

E-Mail: Sharky910@aol.com

Cell: 305-798-2220

Office: 305-381-8686

Toll Free: 1-888-SHARK-8-1


When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1






THIS BLOG POST (AS ARE ALL OF #HABERPA's BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #Crime #Criminal #CriminalLawyer #MiamiCriminalLawyer #MiamiCriminalLaw #MiamiCriminalAttorney #CriminalDefense #CriminalAttorney #CriminalDefenseAttorney  #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalLaw #MiamiCriminalDefenseAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DV #DomesticViolence #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Seal #Sealing #Expunge #Expungement #CriminalRecord #CriminalHistory #Probation #ProbationViolation #VOP #PVH #PO #ViolationOfProbation #ProbationViolationHearing #PSA #PublicServiceAnnouncement #4thAmendment #FourtthAmendment #TheFourthAmendment #The4thAmendment $The4th #WarrantRequirement #4thAmendmentWarrantRequirement #Warrant #SearchWarrant #ArrestWarrant #BenchWarrant #FailueToApppear #FTAWarrant #FailureToAppearWarrant #FTA #AliasCapias #FuguitveWarrant #ExtraditionWarrant #GovernorsWarrant #ICEHold #ImmigrationHold #ImmigrationDetainer #ICEDetainer #Detainer #Writ #WritOfBodilyAttachment #WritOfAssistance #KingGeorgeIII #USConstitution #UnitedStatesConstitution #BillOfRights #NeutralAndDetachedMagistrate #WarrantlessSearch #SearchAndSeizure #Search #Seizure #Arrest #StopAndFrisk #TerryStop #LimitedPatDown #ConsentSearch #ExigentCircumstances #PlainView #PlainViewException #InventorySearch #Consent #MotorVehiclesSearch #FoundProperty #AbandondedProperty #BorderSearch #SchoolSearch #PrisonSearch #JailSearch #SearchIncidentToArrest #IncidentToArrest #EPICMF #ProbableCause #ReasonableSuspicion #ProofBeyondAReasonableDoubt #BurdenOfProof #BARD #BeyondAReasonableDoubt #ClerkOfCourt #FloridaDepartmentOfLawEnforcement #FDLE #UPx2 #ShutUp #LawyerUp #ShutUpAndLawyerUp #Invoke #InvokeThe5th #The 5th #RightToRemainSilent #PrivilegeAgainstCompulsorySelfIncrimination #RightToCounsel #The6th
#CompulsorySelfIncrimination #MoitonToSuppress #SuppressEvidence #EvidentiaryHearing #PretrialMotion #DispositiveMoiton # Miranda #MirandaRights #MirandaWarnings #ErnestoMiranda #PhoenixPoliceDepartment #UnitedStatesSupremeCourt #SupremeCourt #SCOTUS #MirandsVsArizona #CustdialInterrogation #Interrogation #IncriminatingStatements #MotionToSuppressStatements #SuppressStatements #Evidence #SploiationOfEvidence #Spoliation #SpoliationLetter #ChainOfCustody #AdmissibleEvidence #InadmissibleEvidence #TheGoldenRule #DoUntoOthers #ContemptOfCourt #ContemptOfCop #GratuitousCharges #ResistingArrest #ResistingArrestWithViolence #ResistingArrestWithoutViolence #Obstruction #ObstructionOfJustice #SamuelLJackson #QuentinTarantino #PulpFiction #Pumpkin #TimRoth #HoneyBunny #AmandaPlummer #ArmedRobbery #TheHawthorneGrill #Hollys #VincentVega #JohnTravolta #BadMotherFucker #Florida #StateOfFlorida #TheSunshineState #FloridaLaw #Perpetuities #RuleAgainstPerpetuities #TheRuleAgainstPerpetuities