Wednesday, October 7, 2015

My husband has been in jail for 10 months pending a theft and burglary charges. What does that mean? ~ "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     My husband has been in jail for 10 months pending first degree larceny and third degree burglary charges and nothing had been said to him.  What does that mean? 




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




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Answered . It means that A) his case is pending and he either cannot afford to post his bond or the Judge is not permitting him to bond out and B) with felony charges he definitely has a lawyer (private or PD) and that the lawyer is (or should be) prepping the case for trial or plea.  (I find it hard t believe that "nothing has been said to him" but I am not here to challenge you, just to try to help.) 

Shy of that neither I nor (dare I presume... yes, in this instance I do presume that neither any of) my cyber-colleagues can provide you with any more substantive information about about your husbands case.  In fact, I'll go on record saying that the only person on the planet who can so inform you is your husband's lawyer, and in order for that to happen your husband must authorize his attorney to speak with you. 

Still, as you have asked, my guesses are that your husband is either most likely still engaged in the discovery process (collecting information and planning a meaningful and effective defense), that they may be strategically accepting time served in custody now pending credit against a contemplated future sentence or that there is another strategic reason for them to delay the case (i.e. a witness may become unavailable or the money trail may be getting stale or disaappering)... but again this is all pure 100% conjecture and speculation. 

Whatever the case there is a reason, and if your husband's lawyer is authorized to speak with you then I suggest that you ask her/him.  I cannot speak to Pensacola but by Miami standards 10 months for an unoccupied burglary and theft would be (generically speaking of course as each case is unique), in most of our local felony Judge's courtrooms, getting close to fish or cut bait time.

I wish that I could tell you more but, again, I cannot, and  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.) less




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Asker
Posted about 15 hours ago.
Thank you and yes is lawyer does speak to ne but they still have not made a decision
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted less than a minute ago.
You're welcome, and thank you for the +++ feedback. 

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!  


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