Friday, September 25, 2015

Michael A. Haber, P.A.'s Webisode on the Difference Between Competence and Sanity in Florida Criminal Court ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1





(Click here to view Michael A. Haber, P.A.'s Webisode Playlist, currently at 45 episodes)
When it comes to the criminal process the issues of competence and sanity are very different matters.  Competence refers to the here and now, during the criminal process; whereas sanity refers to the time that the offense was committed. 




The issue of competence can be raised by anyone (the defense, the State or the Court on it's own initiative) and requires that forensic mental health evaluators determine whether or not the Defendant understands the nature of the charges against her/him, the range of possible penalties, the adversarial nature of the criminal process (i.e. what the defense lawyer, prosecutor, judge and jury's roles are), whether or not the Defendant can assist defense counsel in the preparation of her / his own defense, whether s/he can behave appropriately in the courtroom and whether or not s/he can testify in her/his own behalf should s/he choose to do so.  If a Defendant is declared incompetent to proceed then s/he goes to a facility for treatment and will be reevaluated every 6 months.  5 years of continued and unbroken incompetence can result in a dismissal of felony charges (the time frame is 1 year for misdemeanors).




The issue of sanity can be raised as an affirmative defense to any criminal prosecution.  Essentially doing so is an admission that the Defendant committed the crime but states that at the time s/he was unable to differentiate right from wrong because of a major mental illness or organic brain disorder.  Lodging an insanity defense is a huge gamble and should only be undertaken a) by a skilled and experienced professional who understands the nuances of this niche in the criminal process and b) where it is supported by both the facts of the case and the mental health history of the Defendant.





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!  


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