Monday, August 31, 2015

Can a picture of a cigar / cigarette be used as evidence that I'm smoking pot? ~ "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:    Can a picture of a cigar / cigarette be used as evidence that I'm smoking pot?  My kid's mom says that she has a picture of me with a cigar.  She is trying to say that the cigar is a marijuana cigarette and that the picture is evidence to convince the courts that my child is in danger.  How can I prove that she is lying about me doing drugs?



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

Licensed in FL


1

Helpful vote
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chosen by asker
Answered . Yes.  A picture can be used as evidence, but whether or not it is admissible, and whether it actually proves anything, is another story.

You cannot necessarily disprove anything that anyone else says, but then again (in this case anyhow) they can't necessarily prove their point either.

This sounds to me like a "he said / she said" contest, and in any such case "she" is free to lie, and "he" (you) are equally free to call her a liar.

Respectfully, if I were you then I would spend more time worry about myself/yourself and less time about worrying about "her".  Let her say whatever she wants to say.  In the final analysis, so long as you are doing the right thing you should be just fine.

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.) 


At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each 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!


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 #Evidence #Photograph #DocumentaryEvidence #Marijuana #Cigarette #Cigar #ChildNeglect #ChildAbuse #ChildEndangerment #HeSaidSheSaid #LiarLiarPantsOnFire


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Sunday, August 30, 2015

Woman Starts Social Media Domestic Violence Awareness Campaign (#SilenceHidesViolence) by Posting Pictures of her Injuries ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1





Meet Brooke Beaton, a 27 y/o mother of two (2) who resides in Sioux Falls, South Dakota.  That's her below (in happier times)...




And this is her after her (ex-)boyfriend recently left her with two (2) black eyes and a bruised shoulder.




Brooke started a domestic violence awareness campaign after her own horrific first-hand experience on August 22nd, 2015.  The following day Brooke called her childhood friend Tiffany Thoelke, a freelance photographer (who's Facebook page you can view by clicking here), and planned a photo shoot.  Tiffany took several shots of Brooke and then they posted the pictures on Facebook, along with a message designed to raise awareness about domestic violence and which featured the now viral hashtag "#SilenceHidesViolence". 




Since the photos were posted on Sunday the women have received an overwhelming response from other victims of domestic violence, including both men and women.




Brooke's case occurred when her boyfriend (who has not been publicly named but who reportedly had been her friend for eight (8) years and her "boyfriend" for four (4) months), and who was a passenger in the car that Brooke was driving, became angry, punched her in the face, struck her again, choked her and tried to take away her cell phone.  Per Brooke:  "I ended up at a gas station about five miles away from where we were.  He was wiping up the crime scene with a paper towel from the gas pump" (because her blood had been spattered on the ground and all over her cell phone). Her attacker eventually let Brooke drive him to his home and then she drove away to her own house where, once she arrived, she called the police. After that Brooke called Tiffany, whom she hadn't seen in ten (10) years, but whom she had recently reconnected with on Facebook and had planned to get together to do a photo shoot to promote her modeling career.  Brooke said that "I didn't think my modeling career would go this route.  This isn't why I wanted to call my good friend.", but she also saw the incident as a perfect opportunity.




Since the photos were posted on Facebook thousands of responses have flooded in, and Brooke's domestic attacker has been arrested for both domestic aggravated assault and interference with emergency communication (for stopping her from calling for help).  





On Monday, August 24th, 2015, Brooke went to Applebees to celebrate her daughter's sixth (6th) birthday. While sitting with her daughter and her eight (8) y/o son she unfolded her receipt and her server had written on it:  "'I bought your beers.  I saw you on F.B. I've been there."  Brooke reportedly hugged her server before she left the restaurant.   "One thing I never did was tell my story like you have," the server told reportedly Brooke.  "You're very courageous and very brave. You're putting a face out there that nobody is ever going to forget."  




Memo to the Folks:   Domestic Violence (DV) cases present wrinkles for everyone in the system (the Defendant, the State and the Court), as they almost always involve emotional charged folks who's lives are either interdependent or interconnected, the potential for repeat or escalated violence is almost always high and there is more often then not the likelihood that a victim will, for whatever reasons, wish not to prosecute the perpetrator. 

For these reasons, in FL DV cases Defendant's suffer aggressive prosecution (more aggressive than many other offenses), the State feels obligated to "force" all victim's to "help themselves" (which serves the dual purpose of covering its own ass in the event of a subsequent violent altercation) and the Court engages in pure self-protection (no Judge wants to read her/his name in the paper as being responsible for "cutting loose" the repeat DV offender who re-injures, more seriously injures or kills a victim when the Court could have acted to prevent the same from occurring). 

These are the practical realities of DV cases that we all must live with and it is for these reasons that there is a mandatory 24 hold (a statutorily required cooling-off period) for anyone booked into a FL jail for any DV case and that DV victim's are afforded special protections, are required to be evaluated (if only by responding officers who have a DV "checklist") and are required to be provided information about alternatives to returning to "life" with the alleged perpetrator).

If you are a victim of domestic violence then take a stand and call the police.  It is only likely to get worse, getting you seriously injured, maimed or dead.  If you are a perpetrator of domestic violence then get help before you get arrested, prosecuted and possibly stabbed in the neck in the middle of the night by your self-made-victim who sees no other out except to kill you off while s/he can.



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!

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 #Facebook #SocialMedia #Arrest #Arrested #DomesticAssault #DomesticAggravatedAssault #AggravatedAssault #DomesticBattery #DomesticAggravatedBattery #AggravatedBattery #911 #InterferenceWith911 #Emergency #EmergencyServices #InterferenceWithEmergencyServices #RealMenDontHitWomen #RealWomenDontHitMen 
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Saturday, August 29, 2015

GA Man is Arrested for Animal Cruelty after "Little Guy", his Terrier-Mix, Tested Positive for Methamphetamine ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet "Little Guy", a Terrier-mix.  That's him below (and no, I did not obstruct his face, nor can I explain why his identity needed to be obscured)...




On Tuesday, August 18th, 2015 Jackson County, Georgia Sheriff's Deputies were called to the Hoschton Animal Hospital in Hoschton, Georgia in regard to "Little Guy", who had been brought to the veterinary clinic the day before, by his human, Marty Rogers (who's mug shot is pictured below).




Responding Deputies made contact with veterinarian Kevin Chapman who advised that on August 17, 2015 Rogers had brought the Terrier-mix to the hospital because he was sick and he took it to see if they could tell him what was wrong with him.  Dr. Chapman said that Little Guy "was extremely nervous and constantly paces and panting and restless." The vet stated that blood work revealed that "Little Guy [had] tested positive for Methamphetamine."




It took a few days but Sheriff's Deputies did secure an warrant for Rogers arrest charging him with Animal Cruelty.  When they served the warrant on Rogers at his residence they found both methamphetamine and and a motorcycle which had been reported stolen out of South Carolina, resulting in additional felony charges for felony drug possession and "theft by receiving stolen property".  (You can read the arrest report below or click here to view it online.)




Per John Deltoro, a Jackson County Animal Officer, "Little Guy" was seized by animal control and Rogers has relinquished ownership.  Deltoro added that: "Veterinarians don't have a whole lot of cases with these kind of symptoms.  The doctor just took a human drug test kit and tested the urine and it came up positive (for meth)".  As for Little Guy's future, Deltoro said:  "I will transfer the dog to another facility that does a lot of adoptions."  Memo to Marty Rogers:  




Memo to the Folks:  






At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each 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!

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 #Meth #Methamphetamine #AnimalAbuse #AnimalCruelty #Veterinarian #VeterinaryClinic #VeterinaryHospital #BloodTest #UrineTest #Urinalysis #PositiveUrinalysis #Possession #DrugPossession #StolenProperty #ReceivingStolenProperty #Warrant #ArrestWarrant #SearchIncidentToArrest #Felony #FelonyCharges

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Social Media FAIL! SoCar Cyber-Stalker / Cyber-Harasser Arrested after Taunting Cops & Posting his Location on Facebook ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1



Meet 38 y/o Gregory 'Ty' Austin of South Carolina.  That's his mug shot below.




Ty was wanted for harassing a 28 y/o woman via sending her a barrage 284 of text messages that were a mixture of pornography and marriage proposals over a three (3) day period, and he was arrested on Monday, August 24th, 2015 for felony harassment after challenging police to come get him in a Facebook post that revealed his location at Pearlz Oyster Bar in Charleston.




Ty was aware the cops were after him because the Charleston Police Department had issued a press release (which you can read by clicking here) that they were seeking his apprehension.  They name and describe him and his car, and even posted a pic, but he may have been difficult for the civilian eye to identify as he was hanging at Pearlz and donning a hoodie (in Summertime... genius)...




In the interim, Ty chose to taunt his posse by posting a challenge to the Charleston Police on his Facebook page, along with the location of the restaurant that he was in: "There is a detective in Charleston county name Detective Broadwater..please notify him and say I'm at Pearlz in West Ashley… Come get me bO!!! I'm waiting for ya kid!!!"




It didn't take long for the cops to get to Pearlz and arrest Ty (who, coincidentally, had previously been arrested and charged with felony harassment less than a year ago in November 2014."  Ty also posted the following to Facebook:  "If anyone knows a good defense attorney... Please contact me at 336-209-3231.  There is a Warrent for my arrest... and my current attorney is asking alot... I need a call asap. I'm an innocent man to a certain extent... and need a good defense attorney from the injustice that rise against.  call me.  No pming".




Memo to Austin:  I am a defense attorney (and, not to toot my own horn, but I'm a "good" one) and, without bashing you any further for having foolishly taunted the cops and in so doing identifying your location, I can offer a little commentary on your longer winded post:  1) Warrant is spelled with an "a" at the end, not with at "e" and there is a space in between "a" and "lot";  (yes, apparently I am the...) 




Memo to Austin continued:  2) In regard to legal fees, and like pretty much anything else in life, a) you generally get what you pay for and b) your unique facts and circumstances directly correlate to fee quotes (if you face felony prosecution for electronic harassment for sending almost 100 porn and marriage proposal texts per day for three (3) days to a woman who is none too happy about it, and especially if your were prosecuted on the very same charge less than a year earlier then your case will carry added weight for any lawyer who takes up your cause); 3) It's fine and dandy to proclaim your innocence (not that I would recommend it, but even in writing) but what is not cool, what is in fact "bad" is to qualify your innocence by adding "to a certain extent" (as is the case with being pregnant, you either are or you are not); 4) you do need a good defense attorney, but, also...




Memo to Austin continued:  5) It is time to start thinking "mitigation".  In that regard, my advise is that you should get yourself into therapy, yesterday.  To the objective eye you have a litany of issues, but serious judgment and boundary issues top the list.  Proof that you have embarked on seriously, and voluntarily, addressing your failings will almost certainly help you with the Court, if not the prosecution.




Memo to Austin continued:  6)  Down here in reality on Earth there are no "injustices that rise against [you]".  You made your bed and you compounded it a) with each demented text message and b) with your Facebook posts.  7)  Lose the electronics, all of them.  No more texting, sexting, posting, emailing... you need to throw yourself back to the 1900's (at least pre-1980... feel free to use a rotary phone or an LP player) until you master your serious judgment and boundary issues.   8)  I know that I am old, but wtf does "No pming" mean?




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 #SocialMedia #FAIL #SocialMediaFail #Facebook #Police #Texting #Sexting #Harassment #Stalking #CyberHarassment #DigitalHarassment #CyberStalking #DigitalStalking #Arrest #BadJudgment #BadDecisions #Boundaries #NoBoundaries #LackOfBoundaries #Therapy #MentalHealth #ForensicPsychology #ForensicPsychologist #Pearlz

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