Wednesday, October 8, 2014

DCF / Sexual Assault / L&L / Sexual Battery / Hearsay / Evidence / Plea Bargain / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:  I was arrested for LEWD OR LASCIVIOUS ACT - SEXUAL BATTERY in Florida and the Department of children families did investigations on the words of my step grandchild i was offered a plea of agg assualt with the intent to comit a felony if i dont take the plea could i be charge for the sexual batter charge and also durning the investigation there mother stated that someone might influence the kids to say so should i take it to trail and to be known the public offered that is taking my case always taking a plea offers never been to trail for no reason seem to me he is working for the states attorney i never been to jail or touch a kid in my life i just dont know what to do this is my life and scared to death i will not get a fair trail on hear say evidence.

A:  You will get as fair a trial as your criminal defense lawyer can arrange.

The sad truth is that innocent folks get railroaded, even "on hearsay" without corroborating evidence. Sometimes, as it appears in your circumstances from your limited proffer, the stakes are so high that a plea to a reduced charge is the most prudent course of action. However, no cyber-lawyer (someone like me, who is on a computer operating on extremely limited information) can responsibly advise you as to whether or not you should take a plea or proceed to trial.

If you are facing felony charges then you have a lawyer. Your lawyer, whether public or private, needs to take whatever time and effort is necessary to view and challenge the State's evidence against you (hearsay and otherwise) and then compare and weigh the same against the relative strengths and weaknesses of the defense case. This takes skill and effort, and most importantly, time.

I understand your aggravation and frustration but you are best advised to expend your resources on assisting your lawyer to prepare a meaningful and effective defense as opposed to seeking answers online from folks who are essentially incompetent to advise you in your case.

You may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case, I do not know and the forum to find out is NOT on line; rather it is in the sanctity of attorney's offices, where your statements are privileged and cannot be used against you.

I hope that I have 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.) 

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases 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!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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