Tuesday, April 14, 2015

Can you do anything to stop your PO from notifying your employer about your probation? ~ "Best Answer" on AVVO.com ~ Call Michael A. hABER, eSQ. @ 1-888-SHARK-9-1

Q:     As a real estate agent, W-9 independent contractor, am I required to inform my office that I'm on probation?  I live in Broward County Florida, and my PO keeps threatening to call my office if I don't tell them. According to the statutes it says I have to inform my "employer" but according to laws on real estate agents, I'm self employed. How does this work?

A:     Chosen as "Best Answer" by Asker!
Licensed in FL


Best Answer
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Answered .  

I have come across this many times. PO's are required to verify employment. That is a standard condition of probation. And PO's are, generally, lazy and untrusting, so the simplest and surest way for them to do their job - the path of least resistance - is for them to contact your employer for verification. 

When I have a client who is concerned about being canned when the PO either calls or shows up at work then I take the matter to the Judge BEFORE we sign on for paper. I routinely ask the Judge to order the PO to verify employment by way of pay-stubs, and 99/100 times the Judge agrees and so Orders the PO to stay away from the probationer's place of employment. (After the fact it may not be quite as simple but the same principals apply - that and the fact that your PO may be the boss of you but the Judge is the boss of your PO.)

The argument is simple: If the PO comes a knocking then the odds are excellent that the probationer will be unemployed, and that does not help anyone. Again, Judge's understand and generally agree with this simple logic. If regular paystubs stop then a violation can easily be alleged, but so long as they periodically roll in then employment is verified. 

The only time that I have had a Judge take issue with this is when the offense in question relates to the employment (i.e. a theft or embezzlement charge and the client is a bank teller.... things like that). 

Still, on the whole, Judge's both understand reality and want to see probationers remain employed.  

I have just given you the Rx to remedy yoru problem. A skilled and experienced 954 (or 305 or 561 for that matter) area criminal defense lawyer can get your case calendared as an emergency matter - within a day or 2 - and hopefully walk out of there with the relief that you seek / need.

I hope that I have been helpful in answering your question.
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Posted about 4 hours ago.
Thank you very much. However I had a public defender that literally just passed the BAR, seemingly by the skin of his teeth. I'm pretty sure had I been able to afford a good lawyer the case would have been thrown out. I signed a consent to search because they didn't have a warrant and I didn't want it to affect my girlfriend that I live with, and I have a Rottweiler so they would have shot him had they kicked my door in....I hate Broward County....I think 2 years is a little steep for a first time offense, especially when I'm the one who gave them a case to begin with.
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Posted about 4 hours ago.
Actually now that I look at your profile, I called you about my case lol. I had just gotten my real estate license and had no money at the time...still don't really.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted about 4 hours ago.
I'm sorry that I could not help you then but I am very glad that I could be of assistance now.   

For what it's worth, I'd bet that I hate Broward County, FL even worse than you. For nearly a quarter of a century I have avoided that place like the plague. I can count with fingers on both hands the number of times that i have had to personally handle matters in that cesspool.  I am blessed to have a partner who can (and does) tolerate their shenanigans but I simply cannot. Being a criminal defense lawyer is a tough enough calling. Dealing with a** clowns daily makes it unbearable. 

Broward County is the only place that I have practiced law where the cops (each and every jurisdiction in the county) do NOT give the people that they arrest a written statement of probable cause (making it all but impossible to effectively evaluate a case when a client calls) at the time of their arrest.  Oftentimes they don't even file the paperwork for days on end.  The Clerk of Court's does NOT set arraignments on the 21st day (as the law requires). Lawyer's cannot approach Chambers without being physically threatened, and, historically, a ridiculous percentage of their judiciary can't even manage to keep themselves out of jail.  I could go on and on and on about why Broward is the armpit of the State's judiciary but I won't.

If you cannot afford to hire private counsel then scribble a "request for clarification" and call the judges judicial assistant (you can Google the phone number) requesting a hearing. If you do this then please, pretty please, BE RESPECTFULY, PLEASANT, POLITE... in short suck it up and beg and grovel as best you can.  Those Broward JAs are as bad as everything else in that God-forsaken wasteland.

Wishing you the best of luck.

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


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