Friday, January 20, 2017

Alabama Man Conspires with Cops to Conduct a Phony Armed Take-Down so that he can Propose to his Girlfriend ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Apparently it's an epidemic...




I recently authored a blog post about a Kansas man who enlisted the help of his girl's co-workers (she is a corrections officer at the local jail) to stage his arrest at a time when she was on-duty so that he could surprise her with an engagement ring (please see: http://blog.criminallaw.miami/2016/12/man-conspires-with-cop-to-fake-his.html) and then it happened again, this time at a gas station in Mobile, Alabama...




Mobile Police, armed with unloaded stun guns, duped 28 y/o Shawna Blackmon into thinking that her boyfriend, 33 y/o Daiwon McPherson, was armed, on the run and being taken down while they were fueling up Daiwon's motorcycle at a gas station on Friday night, December 9th, 2016.




Unbeknownst to Shawna, Daiwon had conspired with Mobile police officers to fake the felony arrest so that he could get down on a knee and propose to his sure to be terrified girlfriend in an elaborate stunt which was captured on film by their amused, and in-the-know, friends (you can watch the video by clicking here).  Here's how it went down... 




Daiwon and Shawna were riding tandem with a group of friends, all on motorcycles, and after they pulled into a gas station police appeared, pulled out unloaded stun guns and demanded that Daiwon get on the ground.  As Daiwon followed orders a terrified Shawna tried to diffuse the situation, and when the officers demand that he gives up his gun, instead of a weapon Daiwon pulled out an engagement ring.




Shawna, quickly going from being frightened to being overjoyed, could not hold back her tears, and she was quickly comforted by an officer.  




Daiwon's friend Tyler Colvin posted a video of the unorthodox marriage proposal on Facebook where he reportedly said that Daiwon had "created and fed" Shawna a story throughout the day so that she would believe him when he told her that they were on the run.  Per Daiwon:  "I really wanted to bring the bike life and the police together. I can't believe I actually pulled this off."; and per Shawna:  "I was scared.  I said he was going to jail, they are going to shoot him.".  Mobile Police Department Spokesman Terrence Perkins reportedly said that the department had received some negative comments about the stunt but that the positive feedback far outweighed the negative, adding that "It actually showed us outside the capacity of writing tickets. It showed that we do have a human side as well."  And now Shawna and Daiwon can...




Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality. 



Michael A. Haber, Esq. has creatively, effectively and zealously represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 


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


@Sharky910 / www.criminallaw.miami / www.haberpa.com / www.facebook.com/haberpa / https://www.youtube.com/c/michaelhaberlaw / http://habercriminallaw.blogspot.com/ 


LIKE www.facebook.com/haberpa ~ FOLLOW  http://habercriminallaw.blogspot.com ~ SUBSCRIBE  https://www.youtube.com/c/michaelhaberlaw ~ SEE www.criminallaw.miami ~  CALL 1-888-SHARK-8-1




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Thursday, January 19, 2017

Fake Cop FAIL! St. Louis Man Gets Arrested for Impersonating a Law Enforcement Officer after Pulling Over a Real Off-Duty Cop ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet 20 y/o Nicholas Keeton of St. Louis Missouri.  That's his mug shot below...




Nick, like many a douche before him, tricked out his Chevy Impala to appear to the untrained eye to be an undercover police car... complete with flashing reds and blues and a siren.  (No, that is not Nick's car below... it's just an illustration.)  




But it's what Nick reportedly he did with his wanna-be police car that makes him one of...




At about 12:30 am on Thursday, December 8th, 2016 Nick reportedly pulled up next to another vehicle at an intersection where he, for reasons unknown, displayed his reds and blues and tapped his siren.  Unfortunately for Nick, the driver of the vehicle that he was signalling was Andrei Nikolov, a St. Louis police officer who was off-duty at the time.




Andrei (pictured below right), co-recipient of the 2014 St. Louis Police Department's 2nd District Officer of the Year award, questioned Nick as to who he was and what he wanted, at which time Nick reportedly identified himself as a St. Louis Police Officer in the 1st District.  Andrei quickly became suspicious of the 6'5' and 260lb alleged cop, and called in real St. Louis cops who promptly discovered that Nick was not a policeman and who arrested him for impersonating a police officer.  




Memo to the Folks:  To thine own self be true.  If you wanna be a cop then be a cop. But impersonating a police officer is a serious criminal act.  


   



Memo to the Nicholas Keeton:  Here's your silver lining....



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


@Sharky910 / www.criminallaw.miami / www.haberpa.com / www.facebook.com/haberpa / https://www.youtube.com/c/michaelhaberlaw / http://habercriminallaw.blogspot.com/ 


LIKE www.facebook.com/haberpa ~ FOLLOW  http://habercriminallaw.blogspot.com ~ SUBSCRIBE  https://www.youtube.com/c/michaelhaberlaw ~ SEE www.criminallaw.miami ~  CALL 1-888-SHARK-8-1




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Wednesday, January 18, 2017

Can a Judge Remove the Balance of Restitution from a Closed Case so I can get Clemency? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:    Is it possible to have a Judge in Miami Dade County remove a restitution balance from a previous case? Hello, I was placed on probation 10 years ago for 1 year and was told to I needed to pay restitution. At the 8 month mark, a hearing was held to early terminate my probation. I had the remaining amount towards the restitution with me in the form of a money order. It was my time to go before the Judge at which time, the Judge asked my probation officer to come up front but they were not in the court room and not in the building it seemed either. At which time, without further adieu, the Judge said, thank your probation officer for not showing up your probation is now terminated. He never asked for the payment and to be honest, I think the State asked about it and the Judge said like I said probation is terminated. Fast forward 9 years. I sent in a Clemency form to the State of Florida so that I could have my rights restored. Within 3 weeks I received a letter back stating that I could not be award clemency because of, you guessed it that restitution payment. I would like to know if I am in fact required to still make that payment and if so, how can I find out the balance owed or if not, how can I get this lifted so that I can move forward with the clemency request? Thanks!





A:  Chosen as "Best Answer" by Asker on www.AVVO.com:




1

Lawyer agrees

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Best Answer
chosen by asker
Answered Yes. You are still required to pay restitution. Termination of probation does not discharge your obligation. You can "get this lifted so that [you] can move forward with the clemency request" by paying off the restitution balance.

It may not have been your mistake but it is your problem (and debt).

I hope that I've been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less


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Asker
Posted 3 months ago.
Thank you very much for your response. If I were to contact you on Tuesday, would this be something that you would be able to handle for me? I do know that the new Judge on the bench may or may not agree to lifting the amount owed which I believe is only just over $1000.00 but surely less than $1200.00.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted 3 months ago.
All AVVO participating attorneys are prohibited from soliciting business on this site. That said you are perfectly free to contact any attorney you wish (myself included) and AVVO provides both email and telephone options. For you to do so.

At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


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


@Sharky910 / www.criminallaw.miami / www.haberpa.com / www.facebook.com/haberpa / https://www.youtube.com/c/michaelhaberlaw / http://habercriminallaw.blogspot.com/ 


LIKE www.facebook.com/haberpa ~ FOLLOW  http://habercriminallaw.blogspot.com ~ SUBSCRIBE  https://www.youtube.com/c/michaelhaberlaw ~ SEE www.criminallaw.miami ~  CALL 1-888-SHARK-8-1




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FL Man uses a Remote Mechanism to Cover his License Plate through Tolls... Directly in front of a State Trooper! ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet 27 y/o Joshua Concepcion West.  That's him below...




What you see to the left of Joshua is his license plate... actually it's his license plate covered by a black sheet.  The sheet is operated by the push of a button which hides the license plate from view.




And when I say from view I don't just mean from view of the public or the police, but from the view of toll cameras.




So, apparently, as Joshua would approach one of these toll camera stations he would press the button and...




Down the clack fabric would go...




Joshua was pulled over by Florida Highway Patrol Troopers after passing through a toll plaza on Wednesday, January 4th, 2017..... and yup, you guessed it, Joshua had a Trooper right on his tail at the time that he pressed the button.




And so it was that Joshua's clever device was discovered.




And he was arrested, both for petit / petty theft (for "stealing" the $1.25 toll that the Trooper witnessed) and also for an obscure felony called "Cheating" (I sh*t you not).  




Florida Statute 817.29 defines the felony offense of "Cheating" as "Whoever is convicted of any gross fraud or cheat at common law shall be guilty of a felony of the third degree".  So archaic is this law that it stems from the "common law", common law being precedent, or "case law", and stemming back to a time when the first laws were enacted and interpreted, and which is effectively a third branch of law that is on equal footing with both legislative statutes and executive regulations.  




Per FHP Sergeant Kim Montes, "We've seen people hang out the back of cars to put their hand over it, we've seen motorcycles take different routes through the express lanes to avoid the camera, people intentionally covert their tags, semi trucks block their tags...  He was subsequently arrested for petty theft and also for cheating.  So for #1.25 toll, he now has a felony charge.  We want to let people know it's not worth it, pay the toll or don't use the road."




Normally I'd give Joshua props for being clever but in this case I can't.  Why?  Well first and foremost I'm ethically obligated not to promote criminal behavior, but secondarily, and as the FHP reportedly opined, Joshua would've gotten away with it if he hadn't employed the device while driving directly in front of a State Trooper, making Joshua one of...




It is illegal to cover all or any portion of your license plate in Florida (and I expect this holds true in all States), so don't do it.  




Still, the real take away from this story for me is the FHP finding and charging Joshua with "Cheating".  Even the FHP reportedly admitted that they "can't recall anyone who's been charged with [the crime of] cheating", and neither can I.  More than a quarter of a century in this business and I've never seen it, proving that A) there's always something new to learn and see and B) that even the FHP can pull a rabbit out of the hat.




Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality. 



Michael A. Haber, Esq. has creatively, effectively and zealously represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 


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


@Sharky910 / www.criminallaw.miami / www.haberpa.com / www.facebook.com/haberpa / https://www.youtube.com/c/michaelhaberlaw / http://habercriminallaw.blogspot.com/ 


LIKE www.facebook.com/haberpa ~ FOLLOW  http://habercriminallaw.blogspot.com ~ SUBSCRIBE  https://www.youtube.com/c/michaelhaberlaw ~ SEE www.criminallaw.miami ~  CALL 1-888-SHARK-8-1




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