Monday, November 30, 2015

Police Social Media FAIL! Police Hack Facebook Page over Twerking Post involving Cop, Evidence is Suppressed and Charges are Dropped for Illegal Hack ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1





Sadly, we all know what "twerking" is.





We have Miley Cyrus to thank for this...





Some folks like it...





Some not so much...





But apparently none like it LESS than New South Wales, Australia Police Senior Constable Daniel Moss who took it upon himself to "investigate" a Facebook user known as "Rhys Brown" who had posted what purported to be a series of digitally altered photographs of Miley Cyrus twerking in front of a NSW police officer in Sydney (one of the pictures appears below).   After four (4) months (yes... four (4) months) of monitoring the private Facebook page by posing as another user Moss was able to identify a man named Rhys Liam Halvey as the account holder who was known as "Rhys Brown".  Moss identified "several offensive posts", including one with an image that said: "Here's my $25,000 for your $101 fine", with photos of NSW police officers which were taken on a Sydney street.  Moss located and charged Rhys Liam Halvey with three (3) counts of "using a carriage service to offend police" and three (3) counts of "publishing an indecent article".





Mr Halvey denied any involvement with either being Rhys Brown or uploading the "derogatory posts" on social media and all six (6) charges were withdrawn and dismissed after Sydney Magistrate Roger Brown slammed Constable Moss' "investigation" as a "criminal offense by committing an unauthorized access" into a private Facebook account without a warrant.  During a hearing the following exchange reportedly occurred between Magistrate Brown and Constable Moss: 

Magistrate:  "You use the term 'monitored' the Facebook account of Rhys Brown ... you went into that account frequently?"

Constable:  "Yes, I did."

Magistrate:  "So, you didn't obtain a Supreme Court warrant ... you didn't obtain any judicial authorization to invade the privacy of Rhys Brown's Facebook, did you?"

Constable:  "No."

Thus, the case was dismissed and $14,429.00 in costs were reportedly ordered to be paid by the police.

Memo to New South Wales, Australia Police Senior Constable Daniel Moss:





Memo to the Folks:  Law enforcement is all over the internet.  They monitor it, they troll through it, they conduct sting operations (by offering fake "services" or by pretending to be whom or whatever you may be looking for or craving) and, apparently, they also occasionally invade your privacy on their personal off-time.  Be mindful of the internet.  It is a virtual minefield which can cause real world damage. That said... 




Social Media:  It's all fun and nice until it's introduced into evidence against you in Court. See "Haber's Rules of Social Media # 1 - 5" by clicking here...



http://habercriminallaw.blogspot.com/2015/02/social-media-and-criminal-justice.html



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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Do you get Credit for Time Previously Served on a Sentence with a Minimum Mandatory? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     When someone is sentenced for a crime with a mandatory minimum charge is the time they've served in jail counted towards the minimum mandatory sentence? My fiance was sentenced to 48 months 3 yr minimum mandatory he already has 142 days in jail does that count towards his mandatory sentence?





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





1

Best Answer
chosen by asker
Answered Yes.

His 142 days will count toward his sentence.

He will serve the first 3 years (36 months) day for day (accruing NO gain time) and then, absent any disciplinary or other issues, his last 12 months will be subject to the 85% rule.

Regardless he will get credit for each of 142 days previously served.

As an aside, once he is transferred into State custody from local the inmate goes to a classification center for DOC processing and designation to a facility. This usually takes a few weeks and then the inmate is delivered to his FL-DOC institution.

You can track FL-DOC inmates, and get all contact, visitation and commissary information at the following link:

Please see: http://www.dc.state.fl.us/activeinmates/search.asp

You can also track his release / proposed release status at the following link:
Please see:  http://www.dc.state.fl.us/inmatereleases/search.asp

If you believe that the proposed release date (gain time, credit time, etc) is incorrect then you are free to contact the classification officer at the designated facility and make inquiry, and, if you do not
get an adequate reply then you can contact DOC directly at the following link:

Please see: http://www.dc.state.fl.us/orginfo/contact.html

Only in the event that you are unable to reach a satisfactory answer from either the website, the classification officer or the FL-DOC administration should you consider filing a motion with the sentencing Court for clarification of the sentence.

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 #Prison #Jail #Sentence #MinimumMandatory #GainTime #GoodTime #TimeServed #CreditForTimeServed 

Furry Art-Loving Burglars: Oregon Police Post Incriminating Pictures on Facebook of Four Raccoons who were Caught Burglarizing an Art Gallery ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Below is "Inscapes Gallery" in Newport, Oregon.





Inscapes is an art gallery which has gained recent popularity by being burglarized by a quartet of obvious, yet unexpected burglars...





Yup.... A family of raccoons committed the burglary...






The four (4) masked intruders were caught red-handed inside of Inscapes when a passerby had spotted them in the store's window.  The raccoons were photographed stacked on top of each other inside the Gallery after Newport police officers  had responded to the scene.  




Apparently the furry fiends live in the hills behind the gallery and for months they'd been breaking into the store by using the stairway to gain access to the roof, and from there, crawling through a vent.  The gallery's owner had recently sealed the vent but didn't realize that the cunning 'coons were hidden inside of a crawl space at the time, and thus they became trapped. The furry family was able to gain entry into the store through another vent.  





Police believe that because they were so small the critters did not set off the store's alarm.  By the time that they were observed by the passerby the crafty critters were well into the process of rearranging the art.  In the meanwhile the Newport Police Department had fun with the call', posting the following on its Facebook page (which you can see by clicking here):

"Officers responded to a report of suspicious activity after midnight and cornered the suspects immediately upon entering the business.  The suspects, known only by their street names of ‘Home Dog’, ‘Da Nails’, ‘Squeaky Feets’, and ‘2-Toes Todd’, attempted to elude officers on scene. After a brief scuffle, all suspects were captured without further incident or injuries.  Squeaky Feets’ told officers they had no intention of taking anything from the gallery; they were only trying to straighten a few pieces of art on the wall. Tell it to the judge, ‘Feets’. Tell it to the judge."  

The Newport Police Department's Facebook post has been shared almost 2,000 times and "Squeaky Feets" has become a semi-celebrity in his own right, drawing over 200 fans to his public Facebook page (which you can see by clicking here).




Whether or not the raccoons posted bond after their apprehension is unknown




For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  



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 #Coon #Raccoon #Burglary #Burglarize #Crime #Art #ArtGallery #Facebook #SocialMedia #Cops #Police 

Tuesday, November 24, 2015

Mother, her Boyfriend and another Woman are Charged in connection with her Teenage Daughter's Overdose Death the Girl is given a Fatal Dose of Fentanyl ~Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet 41 y/o Jazzmyn Rood.  That's her below (far left).  





To Rood's right is her boyfriend, 41 year old Mark Ross, and next to him is 31 year old Leslie Aberle. All three (3) of these peaches were arrested in connection with the death of 17 year old Evangelique 'Eve' Tarmey, who is pictured below and who is, er was, Rood's biological daughter.





Eve is dead from receiving a fatal dose of Fentanyl (a synthetic opioid analgesic) at the Riviera Motel in Rochester, NY.  Per police Rood allowed Ross to give Eve the injection so as to calm her down as she was upset about not seeing her boyfriend.  In his defense Ross would later claim that he thought that it was heroin and not "Fentanyl" (Memo to Ross:  You'd be well advised to lose that defense and work on a better one pallie).





Fentanyl is a potent painkiller and is often used in place of heroin or is mixed with it, and the postmortem toxicology report in this case confirmed that Eve, a Spaulding High School senior, died as a result of a Fentanyl overdose.  Per Ruben Patel, the manager of the Riviera Motel, Rood had been living at the hotel for several weeks and Eve had been visiting her mother every other weekend, possibly as part of a custody arrangement.   





Police determined that Eve died from the Fentanyl  overdose at about 5:00 am on Saturday, October 17, 20-15 while all three (3) adults were inside of the motel room. Rood was charged with child endangerment and reckless conduct for allowing Ross dose here daughter, Ross, who now faces life in prison, was charged with dispensing a controlled drug resulting in death and tampering with witnesses (Ross allegedly disposed of needles and other paraphernalia after finding Eve dead and called 911 some 90 minutes later) and Aberle was also charged with dispensing a controlled drug resulting in death and tampering with witnesses and informants. 





Eve's obituary described the high school senior, who worked part time at an iHop restaurant, as "a bright, beautiful, loving and caring young lady, and a touching tribute to the teenager on her GoFundMe page (which has thus far raised $1,735.00) states:  "We believe it is important to come together as a community and remember Eve for who she was - and how this tragedy can inspire us to find a solution to this issue in Eve's memory and everyone else struggling or who have lost the fight to addiction."  To donate to Eve's GoFundMe page you can click here. 






Memo to Jazzmyn Rood:




Memo to Jazzmyn Rood continued:  For the life of me I cannot imagine why you were not charged as a principal to the life-felony of dispensing a controlled drug resulting in death.  Morally and legally you should be, and hopefully will.  It is one thing to be a bad parent but it is an entirely different thing to allow your drug addict friends to shoot you teenage daughter up with a synthetic opioid analgesic.  Frankly I find you to be a...




Memo to the Folks:  Basically, a "principal" is is someone who both knowingly and willfully assists someone else to commit a crime, regardless of whether they are present or not at the time that crime is actually committed or formally attempted, and in Florida "principals" are held equally accountable as anyone else involved in the crime.  

2015 Florida Statutes

777.011 Principal in first degree.Whoever commits any criminal offense against the state, whether felony or misdemeanor, or aids, abets, counsels, hires, or otherwise procures such offense to be committed, and such offense is committed or is attempted to be committed, is a principal in the first degree and may be charged, convicted, and punished as such, whether he or she is or is not actually or constructively present at the commission of such offense.
History.s. 1, ch. 57-310; s. 11, ch. 74-383; s. 1194, ch. 97-102.
Note.Former s. 776.011.




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"!








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 #OD #Fentanyl #Painkiller #Overdose #Teen #Teenager #Parent #BadParent #Toxicology #Endangerment #ChildEndangerment  #Abuse #ChildAbuse #Evidence #Tampering #TamperingWithEvidence #Overdose #RecklessConduct #DispensingAControlledDrugResultingInDeath #GoFundMe #Principal #Aid #Abet #Accessory #PartnerInCrime