Thursday, August 4, 2016

What are the Chances of being Reinstated to Probation if your PO finds a Gun in your home? ~ Chosen as Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     What are the chances of my husband being reinstated after his po finding a gun in the home?  His original charges were burglary-several roped together. He served 4 years in prison and was on probation for 15 years and made 7 successfully. The gun was not his but he knew it was there. Po is requesting prison. I got an attorney-a great one! But I'm curious what you "think" I need to expect. He was not charged with anything other than vop. With your experiences do you think he is looking at more prison? Is reinstatement slim to none? Also will the judge care that I am pregnant & he has 6 children that depend on him? I want a very realistic answer to prepare myself. Thank you!!





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








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Lawyers agree

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Best Answer
chosen by asker
Answered .  I cannot tell you with any degree of certainty what I am going to have for dinner, much less predict the odds of your husband's probation being reinstated after his PO found a gun in his residence.

Florida has 20 different Judicial Circuits, each of which deals with cases in its own manner. Moreover, each of those Judicial Circuits has a given number of criminal court Judges (each of whom is unique), as well as its own State Attorney's Office (each of which has its own policies and procedures), and a bunch of Assistant State Attorneys (who, although they operate on guidelines as established by their office, are each sentient and independent persons), and each case has its own set of variables ("free radicals" if you will) all of which combine to make it impossible to predict what will happen in a given case.

So, not knowing anything (other than your proffer) about the relevant issues in your husband's case (i.e. the unique facts and circumstances of the case, of your husband himself, of your family, of the Assistant State Attorney and of the Judge) I cannot offer you "realistic" advise or odds.  What I can say that his original charges were serious, that he faced a lot of time then and he does again now on a VOP and a new 2nd degree felony substantive prosecution. 

In FL possession of a firearm by is quick VOP (standard condition of probation "(m)(1)" is plain as day - for your convenience I have attached a link to the standard conditions of probation below) and that none of that looks good for him. 

That said your husband should have earned some degree of good will over the past 7 years and he is apparently an otherwise good and supportive family man. While that is far from any sort of guarantee of freedom it is also precisely what criminal defense attorneys deal with on a regular basis (if it were pretty then it wouldn't be criminal defense litigation).

In this case you have already hired a lawyer (presumably one who knows the facts and circumstances of the case, of your husband, your family, the Assistant State Attorney and hopefully the Judge), and s/he is the only person to whom you should turn and upon whom you should rely. The simple fact is that no one else on the planet is sufficiently versed to give you a "realistic" answer.

For the Standard Conditions in FL please see: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0948/Sections/0948.03.html

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.) 



​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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