In Florida most misdemeanor arrests can - at the sole discretion of the arresting officer - be effectuated on paper, without taking the subject to jail. This process is referred to as a "paper arrest", or either as a Promise or a Notice to Appear (PTA / NTA). In these circumstances the officer typically fills out a form advising you of what you are being charged with and then you are noticed by the Clerk of Court to appear for a future Court appearance. Make no mistake that if you have been PTA's / NTA'd then you have been arrested. You will need to appear in Court where you will face a prosecutor and be judged, and, accordingly, you should be represented by a skilled and experienced criminal defense lawyer. (As an aside make sure that the cop has your correct mailing address or you likely will not get your Court notice, and if you do not appear then you will get an arrest warrant... and that is entirely on you.)
Some misdemeanor cases cannot be PTA / NTA'd. For example, DUI or Domestic Violence Assault or Battery require jail booking, but many misdemeanors, most in fact, can result in a paper arrest, and whether or not they do will generally fall upon your demeanor, attitude and behavior with the cops in the moment. If you are in fact, act like or are perceived to be a "jerk" (not to fail to mention if you are hostile, aggressive, uncooperative, rude, etc.) then you are likely to be physically rather than paper arrested. Conversely, if you are polite and respectful then your odds at a paper arrest will exponentially increase. You should also note that in any event your behavior on scene will both be considered by the State in regard to plea negotiations and admitted in evidence if your case proceeds to hearing or trial, in which case it will be considered by the judge or jury.
No matter how poorly the cops may act or react you can - and always should - remain calm and cool. You can, and should, invoke your rights, in a respectful manner. This is all "upside" for you (long term if not short term) and will always permit your lawyer an undeniable avenue of argument in mitigation of whatever it is that you are accused of having done.
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!
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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).
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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:
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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!
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