Wednesday, December 31, 2014

Coast Guard FAIL! ! ~ Mega DISRESPECT for 305 Coasties! YOU should be ashamed. / Michael A. Haber, Esq. ~ Call **ARRESTED or **MIAMIDUI

Coast Guard FAIL! ! ~ Disrespect for 305 Coasties this morning (even though, in fairness, they themselves were disrespected).  


Normally I have and display the greatest of respect for the armed forces and all those who sacrifice to serve, so much so in fact that I consider the US Coast Guard to be "the 5th branch".  I "Like" their (the USCG's) Facebook page, I follow their stories, I've even read some of their history (including a fabulous book called "So Others May Live: Coast Guard's Rescue Swimmers: Saving Lives, Defying Death" by Martha J LaGuardia-Kotiter, which I strongly recommend).


Before I rant though, a little background is in order, first on the USCG in the 305 and then more particular to the situation at hand.  Miami has a proud and strong USCG presence.  The base, located on the McCarthur Causeway, in between the exclusive and prestigious Star and Fisher Islands, in Government Cut and at South Beach, has been there for, well, longer than I've been alive.  



The brave souls who serve there deploy all through out the Caribbean, and further.  They ensure our (the United States') security and they routinely perform what are nothing shy of absolutely incredible acts of rescue.  They also protect the Port of Miami and patrol local waters, supplementing the mind-boggleingly and ludicrously small percentage of marine law enforcement here in the 305.  And this is a very important task because...


Anyone who operates a vessel in South Florida ("SoFlo"), and certainly those of us who have been doing so for 30+ years can aver that Miami has become the #1 (and if not #1 then at least is in the running for being the #1) assclown boat operator capital of the planet.  This is partially true as, unfortunately, operating a vessel in Florida does not require either any sort of a license or any sort of training.  (Go figure:  In f'ing Florida you need a license to catch a fish but not to drive a boat... yet another MENSA-level display by the generally worthless Florida Legislature.) 

 

Just like with parenting, any one with functioning parts (or in this case, with cash sufficient) can own or operate a vessel.  


Worse yet, when it comes to boats, the more money that you have the bigger boat that you can acquire, the bigger menace to the rest of the boating society that you can then present, and, again, Miami boasts a seemingly endless collection and ridiculous display of both wealth and assclowns.


Tack on the sheer volume of boaters, the seafront property, structures and people at risk (boaters, kayakers, paddle-boarders, swimmers, divers, etcetera) and the fact that people boat while intoxicated / impaired (B.U.I.) and you can understand the need for additional marine law enforcement in SoFlo.


Unlike a car on a public roadway, when it comes to operating a vessel on the water the 4th Amendment is essentially inapplicable.  Marine law enforcement (local, municipal, state or federal) do not have to have a legal basis to detain you.  As a boater you can be stopped for any reason or for no reason whatsoever, and your vessel (although not necessarily your person) is then subject to inspection for compliance with registration and safety protocols.  (For a list of USCG required safety equipment please see: A Boaters Guide to the Federal Requirements for Recreational Boats.)


So now let's fast forward to the events at hand:.  An acquaintance of mine was captain of a vessel which was boarded by USCG shortly after midnight (early this morning).  There were no safety violations and no allegation of BUI, but a small (under 2 grams) amount of marijuana was seized from his vessel.  Although they (the USCG) are federal agents this remains a State Court misdemeanor.  Per Florida law (which itself is W-R-O-N-G - again I refer you to our elected douchebags who routinely meet in Tallahassee to dillydally, lollygag and find seemingly endless unproductive things to do and infinite ways to fritter away our tax dollars) misdemeanor possession of marijuana (sadly) remains an arrestable offense, but officers are not obligated to make a physical arrest and are empowered to issue a PTA/NTA (promise / notice to appear) in court instead.  


In this case the USCG, over a petty amount of marijuana, physically arrested the captain, towed and secured his vessel, causing otherwise innocent passengers to inconveniently make their way home by land, and now likely costing the captain his New Year's Eve on the water with his friends and family. (This is in large part due to the ineptness of the Miami-Dade County Corrections Department and the pathetic reality that they cannot manage to book and bond people in less than 24 hours.... of course that is a whole different rant but the USCG was well-aware of this when then chose to make a physical, instead of a paper arrest in this, or in any, case.)  Theirs was, at best, an unbecoming and a juvenile move, and is the "why" of my above FAIL! label and statement of momentary disrespect to the otherwise praiseworthy men and women of the USCG Miami Base.



That said, I must add 2 things:  1) I reiterate my general respect, appreciation and applause for those who serve, for the sacrifice they make, for the risks they take and for the selfless job that they do; and 2) apparently this was not the first time that these Coasties found a misdemeanor amount of marijuana on this same captain (in fact, it's the second, and the first time they simply impounded the similar small quantity and sent him on his way with a mere warning; so he, the captain, was on notice, knew better and shouldn't have had any pot on his boat at all); but STILL, they, the Coasties, should have PTA/NTA'd him at worst.  He is not a drug trafficker, this was not a felony situation, there was no allegation of impaired captaining / boating (B.U.I), it is the holiday season, they have the discretion and freaking marijuana should not be controlled, scheduled or illegal.  On the federal level:


On the State level:



Established in 1991, Michael A. Haber, P.A. has an unblemished record of providing creative, effective and zealous representation to clients, primarily in South Florida, 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!







THIS BLOG POST (AS ARE ALL OF HABERPA 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 #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #CoastGuard #USCG  
Posted by at No comments:

Tuesday, December 30, 2014

"Jury Nullification": The Unspoken "Pardon" Process. ~ Jury "Veto" Power / Michael A. Haber, Esq. ~ Call **ARRESTED or **MIAMIDUI




"Jury Nullification":  Every citizen who serves as a juror should be aware of this most powerful tool: 


The illustration is spot on, but you will never hear it from either the prosecutor or the Judge, and unless the defense lawyer wants to spend the night behind bars then you won't hear it from that side of the courtroom either, but it exists, and thankfully so.



The fact is that some laws are, well, "bad"; maybe because they were poorly written, or because in a given case it is haphazardly applied or for any of a variety of reasons it is simply unjust under the facts and circumstances.  Unfortunately, as far as the Court is concerned such scenarios are of no concern to the "justice system":  The scales are blind, and that is not always a good thing, but that is where "jury nullification" comes in.


In 2012, an 80 y/o retired chemistry Professor named Julian P. Heicklen was Indicted by the United States Attorney's Office and faced charges of violating the federal "Jury Tampering" statute because he repeatedly stood outside of a Manhattan courthouse with a "Jury Info" sign while handing out brochures to passers-by which identified and supported the concept of jury nullification.  The case was dismissed by Federal Judge Kimba Wood because the citizen was exercising his 1st Amendment right of free speech and was not knowingly trying to influence "a juror's decision" through written communication "made in relation to a specific case pending before that juror".


Judges instruct Juries on the cold law.  In Florida every criminal jury is told the following (please see FL Standard Criminal Jury Instructions - 3.10 Rules for Deliberation):

            These are some general rules that apply to your discussion. You must follow these rules in order to return a lawful verdict:

1.                  You must follow the law as it is set out in these instructions. If you fail to follow the law, your verdict will be a miscarriage of justice. There is no reason for failing to follow the law in this case. All of us are depending upon you to make a wise and legal decision in this matter.

2.                  This case must be decided only upon the evidence that you have heard from the testimony of the witnesses [and have seen in the form of the exhibits in evidence] and these instructions.

3.                  This case must not be decided for or against anyone because you feel sorry for anyone, or are angry at anyone.

4.                  Remember, the lawyers are not on trial. Your feelings about them should not influence your decision in this case.

When the jury is to be involved in a penalty phase, omit the second sentence of paragraph 5.
5.                  Your duty is to determine if the defendant has been proven guilty or not, in accord with the law. It is the judge’s job to determine a proper sentence if the defendant is found guilty.

6.                  Whatever verdict you render must be unanimous, that is, each juror must agree to the same verdict.

           
            Give 7 if applicable.
7.                  The jury is not to discuss any question[s] that [a juror] [jurors] wrote that was [were] not asked by the court, and must not hold that against either party.


8.                  Your verdict should not be influenced by feelings of prejudice, bias, or sympathy. Your verdict must be based on the evidence, and on the law contained in these instructions.

However, what they are NOT told is that the Jury can....


In another part of the standard instructions Jurors are effectively told to use their common sense and NOT to check their good judgment at the courtroom doors (see 3.9 - Weighing the Evidence:  "It is up to you to decide what evidence is reliable. You should use your common sense in deciding which is the best evidence and which evidence should not be relied upon in considering your verdict. You may find some of the evidence not reliable, or less reliable than other evidence.")  If this seems incongruous that's because sometimes it is incongruous.  
The law may be the law, but the law is not always "right", and occasionally, even an otherwise "guilty" person should morally and ethically, if not "lawfully", be found "not guilty".  Laws will not change themselves, and Congresspeople are, well, let's just say "not generally interested in anything other than their own next re-election", so justice is left to the sound and collective discretion of the Jury.  So, when you find yourself summoned for jury duty don't look at it like this...


Instead be proud and...


And don't be afraid to exercise your inherent, albeit silent, power to nullify if you deem it just, fair and appropriate given the facts and circumstances of your case.


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. 


Michael A. Haber, Esq. is prepared to speak with you about your case!  At Michael A. Haber, P.A. "its all about reasonable doubt"!







THIS BLOG POST (AS ARE ALL OF HABERPA 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 #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #JuryNullification #JuryPardon #JuryVeto
Posted by at No comments:

Fleeing & Eluding: It's Almost Never a Good Idea ~ CA man refuses to stop, drives over cliff & dies / Michael A. Haber, Esq. ~ Call **ARRESTED or **MIAMIDUI




Take a look at Portuguese Beach, just north of Bodega Bay in Sonoma County, CA.  It's quite beautiful isn't it?


Yup... Just look at that view... It's simply breathtaking.


Yesterday (on December 29th, 2014) it was literally breath taking, permanently breath taking in fact, when the as of yet unnamed driver of a Ford Ranger pick-up truck seemingly refused to obey the lawful command of a CA State Park Ranger who was trying to stop the vehicle for "multiple mechanical violations".  Now there are times where it is reasonable to flee....


In fact some circumstances flat out compel flight...


But that does not apply when a marked police vehicle is behind you with lights and sirens activated.


In this case the 46 y/o male motorist did not stop, at least not until after he struck a milepost marker, drove across a shoulder, plummeted some 75 feet off Highway 1 to the Sonoma County beach below and died after being ejected from the vehicle.


In Florida Fleeing and Eluding, found at F.S. 316.1935, is a felony offense.  It carries a mandatory one (1) year driver license revocation and is not subject to Florida's "withhold" rule, meaning that if you are found guilty (by plea or verdict) then the Court MUST convict you (in other words, IF YOU SURVIVE, then while you will face 5 - 15 years in prison and may or may not be sentenced to a day of that, you will lose both your driver license and your civil rights as you ear the title of "convicted felon").


Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.


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


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







THIS BLOG POST (AS ARE ALL OF HABERPA 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 #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #Fleeing #Eluding #FleeingAndEluding #FleeAndElude #Flee #Elude
Posted by at No comments:

Monday, December 29, 2014

Michael A. Haber, Esq.: 59 Client Reviews, 52 Peer Endorsements, "Superb", 10.0 & 5 Star Rated Criminal Defense Lawyer on AVVO.com




Please take a moment to read some of my 59 Client Reviews and 52 Peer Endorsements.  They can be found by clicking here.




For more than 23 years Michael A. Haber, P.A. has been providing boutique, creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  



Although I've been criticized for using the word "boutique" in regard to my law practice I continue to do so as, to my way of thinking, "boutique" means "a small company that offers highly specialized services" (See: Definition #2 ), and that is precisely what Michael A. Haber, P.A. delivers. 

I have strived to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, and when necessary even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective.

That is what I mean by "boutique criminal defense litigation" and that is a large part of Michael A. Haber, P.A.'s mission statement and commitment to my clientele.  


Although I personally limit my representation to defending a variety of criminal charges, in my 23+ unblemished years of practicing law I have developed a very close knit and highly skilled network of trusted lawyers who both compliment my services in the criminal defense arena (representing co-defendants, serving as victim's rights advocates and competently servicing clients in cases where, for one reason or another, I am personally unable to assist) and who provide legal representation in non-criminal matters ranging from family to immigration and including most facets of civil litigation.

If you call Michael A. Haber, P.A. then you will speak to Michael A. Haber, Esq. and, as your lawyer you will be welcome to reach me at any reasonable time.  I will be available to you through my office (305-381-8686), directly on my cell (305-798-2220, **ARRESTED, **MIAMIDUI, **MIAMILAW or **HABERLAW), by e-mail (sharky910@aol.com), on Twitter (@Sharky910) and on Facebook (www.facebook.com/haberpa).  I will also strongly encourage you to "Like" my Facebook page (www.facebook.com/haberpa), to "Follow" me on Twitter (@Sharky910) and to Subscribe to my Google Blog (http://habercriminallaw.blogspot.com/) as I regularly post relevant and interesting information which may have bearing on your case.

I will thank you for your confidence in my ability to assist you during your difficult time, and I will remind you that if you do what you are supposed to do when you are supposed to do it, and if you do not do things that you are not permitted to do during the course of our relationship, then you will be just fine and, soon enough, your case will be a distant memory.  I will work diligently, keep you fully informed and strive to look forward to earning the privilege of adding you to the ranks of my satisfied clientele, and to securing your positive review of my services upon closure of your 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!







THIS BLOG POST (AS ARE ALL OF HABERPA 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 #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement
Posted by at No comments:
Subscribe to: Posts (Atom)