Saturday, November 8, 2014

Open Container Violation / Out-Of-State Resident Arrested / Proceeding in Absentia / Permission to Leave State During Pendency of Case / AVVO / Michael A. Haber, Esq/ **ARRESTED / **305DUI

Q:     Got a ticket in Tpa, Ybor City for open container. Live in California. What can I expect? Can I pay ticket & get this erased?  I thought this was ok when I used to go there. I moved 3 moths ago for work to California. Officer said the law changed 3 months ago. Do I have to come back for court? I'd like this not to be on future or current employment checks. Is it possible to pay citation, fine and have this erased from my name and be done with it.

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Michael Adam Haber


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Answered You can come back to the Sunshine State of Florida or you can have a lawyer move the Court to Proceed in Absentia, but first you will have to decide how you wish to proceed (i.e. whether you want to plea in absentia, appear for a trial, shoot for diversion, etc)... what is both in your best interests and a probably outcome based upon both the facts and circumstances of you case and the who and what of you as the Defendant.

I can't speak for Tampa but I do this regularly in Miami for folks from all over the country, and occasionally for folks who reside outside of the country. I discuss the facts and circumstances of the case and the client's history and future plans over the phone, come up with a litigation objective, e-mail a contract to the client together with a packet of papers to have notarized and return to me (various motions and affidavits designed to keep you out of court). Then I petition the court to proceed in absentia (in misdemeanor cases 99/100 times its granted) and do my best to accomplish the Client's objective. (With the Court's permission, I can negotiate a plea in absentia, I can agree to terms of diversion in absentia and if the facts support it I can conduct a trial or a motion to suppress or dismiss in your absence.) But again, that's me and that's here... I don't know about those Tampons.... (joking - just joking - I lived in Tampa for 3 years and, well, once a Tampon always a Tampon).

Find yourself a few criminal defense lawyers in Tampa (I'm sure at least one or two will chime in on Avvo, which you can search if you like, or you can also search the Florida Association of Criminal Defense Lawyers website by locality - please see - and click on the "Find A Lawyer" tab).

Make a few calls, feel out who makes you most comfortable in their knowledge and advise and then let her/him run with the ball.

Either way best of luck!

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!

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

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