Tuesday, December 22, 2015

Watch Michael A. Haber, P.A.'s YouTube Webisode on: Can I Fire / Discharge My Lawyer? ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1





You most certainly can fire your lawyer.  In fact it's easy...




You may not know this - many client’s don’t - but in the attorney-client relationship the client is the boss.  Your lawyer works for you and, as your employee, your lawyer is subject to discharge just as any other employee would be with one big exception... You may still be liable to your lawyer for contractual fees or costs.  The issue of recovering fees that you have paid is a stickier situation and will depend on a case by case basis.  


But, before you get to the point of actually discharging your lawyer you should make the effort to speak with her or him and see if there is a way to come to a meeting of the minds, to regroup and get back to the business of accomplishing your litigation objective.  



In the final analysis, if the relationship is beyond repair then, like a bad marriage you should move on.  




If you have a FL based ‪#‎CriminalDefense‬ or ‪#‎DUI‬ question that you would like for Michael A. Haber, Esq. to address and answer then please SUBMIT YOUR QUESTIONS by email to sharky910@aol.com, call or text 305-798-2220 or message "Miami.Criminal.Lawyer" on ‪#‎Facebook‬ or @Sharky910 on ‪#‎Twitter‬) and Michael A. Haber, Esq. will try to provide you with a video answer on a new HaberPA Webisode!

Also please LEAVE YOUR FEEDBACK on the Webisodes so that we will know what you like or dislike and such that we can effort at improving future Webisodes!




​Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991.  With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires.

Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel.

Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 - 305-798-2220), by e-mail (sharky910@aol.com) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910).




​When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this webisode series. Further any and all information which is both contained in and may be construed from this webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:



Office Phone:  305-381-8686
Toll Free Phone:  1-888-SHARK-8-1
Cellular Phone / Text:  305-798-2220
E-Mail:  Sharky910@aol.com / MAH@HaberPA.com
Facebook:  www.facebook.com/HaberPA
Twitter:  @Sharky910
Blog:  http://habercriminallaw.blogspot.com/



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 #FireYourLawyer #YoureFired #Discharge #TerminateRepresentation 

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What can you do when your case is three years old and has been "nolle pros'd" / dismissed twice? ~ Chosen as "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     What can you do when your case is three years old and has been "nolle processed" twice?  I live in Florida. My criminal case is three years old and has been "nolle processed" twice. I need to know what my options are to finally get this case closed.


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

Licensed in FL



1

Helpful vote
Best Answer
chosen by asker
Answered . You have no options.

The State can continue to file and dismiss and refile you case until it is barred by the Statute of Limitations.

Once the SOL runs you can (and should) file a motion seeking final discharge with prejudice, but until then you are at the State's mercy.

In Florida the Statute of Limitations governs how long the State has to bring a charge based upon the degree of the crime. Florida Statute 775.15 says that a prosecution for a life felony has no SOL and can be commenced at any time, for a 1st degree felony the SOL is 4 years, for any other felony (2nd or 3rd degree) the SOL is 3 years, for a 1st degree misdemeanor its 2 years and for a 2nd degree misdemeanor the SOL is 1 year. However, there are many exceptions and some cases (such as sex crimes and fraud charges are entirely case specific matters where the SOL is concerned).

See: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.15.html 

Feel free to take a look at both my Avvo Legal Guide and YouTube Webisode on speedy trial and statute of limitations issues in Florida. It contains a great deal of information, is easier to understand than the statute itself, discusses some of the issues with the SOL and is may be helpful to you.

Please see: Michael A. Haber, Esq.'s AVVO Legal Guide on Speedy Trial and the Statute of Limitations in Florida Courts: / http://www.avvo.com/legal-guides/ugc/speedy-trial-and-the-statute-of-limitations-in-florida-courts 


Please see:  Haber PA's YouTube Webisode on Statute of Limitations and Speedy Trial: https://youtu.be/HmEw9PTqslY



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.) 

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 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 #StatuteofLimitations #Dismissal #Refile #NollePros #NolleProsequi  #SOL

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Monday, December 21, 2015

Watch Michael A. Haber, P.A.'s YouTube Webisode on: What is a Speedy Trial and how does it Differ from the Written Demand for Speedy Trial? - Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1





In the US everyone has a Constitutional Right to a Speedy Trial, but individual State’s make their own rules and time frames.  In FL your speedy trial right’s are found in Rule 3.191 FL.R.Cr.P. and they kick in either when you are booked into the jail or, in the event of a “paper arrest”, when you are Arraigned, which ever comes first. 

  

In the case of a misdemeanor the rule requires that your trial commence within 90 days and in the case of a felony the rule provides for 175 days.  In either event there are technical requirements and the State enjoys a 15 extension, called a “window of recapture”.


At any time a criminal defendant in FL can file a “written demand for speedy trial”.  Doing so expedites the case requiring that a trial commence within 50 days of the date of filing.  The catches are that 1) by filing the written demand the Defendant is announcing “ready” for trial and 2) formal discovery stops (i.e. no more depositions or compelling anything from the State).



The written demand for speedy trial is a powerful tool which is generally dreaded by prosecutors and rarely wielded by defense counsel.  But before you file it you’d better speak to your lawyer and be sure that you are truly ready to do so.  





If you have a FL based ‪#‎CriminalDefense‬ or ‪#‎DUI‬ question that you would like for Michael A. Haber, Esq. to address and answer then please SUBMIT YOUR QUESTIONS by email to sharky910@aol.com, call or text 305-798-2220 or message "Miami.Criminal.Lawyer" on ‪#‎Facebook‬ or @Sharky910 on ‪#‎Twitter‬) and Michael A. Haber, Esq. will try to provide you with a video answer on a new HaberPA Webisode!

Also please LEAVE YOUR FEEDBACK on the Webisodes so that we will know what you like or dislike and such that we can effort at improving future Webisodes!




​Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991.  With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires.

Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. 

Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 - 305-798-2220), by e-mail (sharky910@aol.com) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910). 



​When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this webisode series. Further any and all information which is both contained in and may be construed from this webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:



Office Phone:  305-381-8686
Toll Free Phone:  1-888-SHARK-8-1
Cellular Phone / Text:  305-798-2220
E-Mail:  Sharky910@aol.com / MAH@HaberPA.com
Facebook:  www.facebook.com/HaberPA
Twitter:  @Sharky910
Blog:  http://habercriminallaw.blogspot.com/



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 #Trial #SpeedyTrial #USConstitution #6thAmendment #WrittenDemandForSpeedyTrial 

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With the help of Social Media a Florida Police Officer's Wife is Caught on Surveillance Video Stealing Packages of Christmas Gifts from the Porch of another Cop's Family ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet 42 year old Dana Hager of Lakeland, Florida.  That's her mug shot below...



Dana is married to Haines City Police Sergeant Kevin Hager and after she was caught on surveillance brazenly strolling up to the front door of another police officer's house and taking two (2) large brown USPS packages which contained presents for that family's toddler, she was arrested.



Video footage shows Dana approach, take the packages, then calmly walk back to her car (which was parked across the street), load the boxes and then drive away.





Dana was charged with burglary of an occupied dwelling, petty theft and... wait for it... violation of probation.  (Yes, you read that right...)  Apparently Dana had previously been placed on probation earlier this year after being found guilty of shoplifting from Kohl's department store.



So how did she get caught this time?  Dana was caught after the homeowner, who is also a cop's wife, reportedly noticed a "shadow" walk past the window outside of her home.  Completely terrified, the woman, who had been in the house with her toddler, reportedly "ran to her bedroom with her child and looked at her video surveillance system".  The video showed a woman walk up to the porch, swipe the packages and bolt with them.  The victim did not recognize the thief so she called the cops and also posted the security footage to social media.  Friends and neighbors were soon able to identify Dana, including a colleague who worked with the Dana and who said that she had recognized her co-worker's tattoo.  Finally, another witness came forward to say that she had seen Dana outside the victim's home that night.  Add it all up and what you have is both probable cause and a burglary FAIL!



Because of her probation violation, but also likely due to both the brazen nature of her crime and the victim's status (stealing Christmas presents from a law enforcement family), Dana is being held at the Polk County Jail without bond.  Dana's husband has not made public comment but, per Polk County Sheriff Grady Judd has gone on record saying:  "The fact that Hager took the packages off of a neighbor's front porch is shocking.  The fact that she is the wife of a law enforcement officer is even more shocking...  You know I wanted to say, 'What are you doing girl?'  Here's a law enforcement officer's wife that's going to the next street over and stealing off of the porch of another law enforcement officer's wife.  Huh?  You kidding me?"




Memo to Dana Hager:  I don't know why but I am gonna go out on a limb and say that you have had a meltdown of sorts.  Maybe it's menopause.  Maybe it's a mid-life crisis.  Maybe it is a cry for help.  Maybe it is indicia of an unhappy marriage,  Maybe it is your warped way of punishing your husband.  Maybe you are mentally ill.  Maybe you are just a sociopath.  Whatever the reason it is clear that you will need a skilled and experienced criminal defense lawyer who can not only identify these possibilities but successfully spin them, with proper expert assistance, to your benefit.  But, even with the best lawyer and the best experts, you have to be with the program.  Thus, I urge you to GET HELP!



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 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 #Theft #Burglary #Larceny #ProbationViolation #Probation #NoBond #Bond #MentalHealth #ExpertWitnesses #MeltDown #Menopause #Christmas #ChristmasPresents #Grinch #BahHumbug #Scrooge #EbenezerScrooge 



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