Monday, October 31, 2016

Ohio Middle School Nurse / Clinical Aide is Fired and Indicted for Drug Theft after she Admits to Stealing Adderall Pills from Students for Personal Use ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




There is a world of difference between being a "naughty nurse"...




And being a "bad nurse"...




Apparently 48 y/o Amy Baumgardner, pictured below, falls into the latter category.





Amy, formerly a nurse / clinical aide at Reid Middle School in the Clark-Shawnee Ohio Local School District, has been indicted on drug theft charges for stealing Rx pills which were intended for students.  





The arrest, which occurred on September 15th, 2016, came after a parent's complaint about missing meds led to an investigation which culminated in Amy reportedly admitting to investigators she had been prescribed Adderall but that she took additional pills which were meant for Reid Middle School students "'to get her through the day."




(Yes, I am aware that Amy was not a teacher, and I mean no disrespect to teachers, but that was as close as I could get to illustrating "getting though the day".)  Adderall is a prescription medication commonly used to treat attention deficit hyperactivity disorder (ADHD).




When first confronted by investigators Amy reportedly alleged that the pills were missing as a result of poor record-keeping and procedures which she was working to improve.  However, after the district placed her on leave, she reportedly called a friend who worked for the Sheriff's office and confessed to taking the pills.




Apparently  Amy  doesn't  care  much  for  either  the  Founding Fathers or for her 5th Amendment privilege against self-incrimination.



And, no doubt, by calling to confess Amy probably pissed off Abe Lincoln as well....

  
Memo to the Folks:  Don't steal.  And especially don;t steal meds from kids.  But if you do, then don't confess.  Just keep your mouth shut and let your lawyer figure things out for you.  There may be a time and a place for a mea culpa, but let your skilled and experienced criminal defense lawyer figure that out for you.   




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.


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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Friday, October 28, 2016

Former Penthouse Pet / Ed Hardy Swimsuit Model Simone Farrow is Sentenced in Sydney, Australia for her role in an International Methamphetamine Smuggling Ring ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Simone Farrow used to be a big deal.




She was a "Penthouse Pet".... 




And for a while she was the "face" (or body) of Ed Hardy...




She even reportedly worked as an escort for a while...




But apparently her most profitable gig was running methamphetamine from the US to Australia by packaging it in bath salts.




Simone was arrested in October, 2009 for her role in running a drug smuggling ring which imported meth into Australia.  Her arrest occurred right after she had landed in Australia and just as the US-DEA was raiding her Los Angeles, CA apartment (which was reportedly loaded with "high-grade crystal methamphetamine piled on desks"... to read a March, 2012 article about her initial arrest please click here).  She posted bond ($150,000.00), skipped bail and in March 2012 she was taken back into custody, where she has remained until her sentencing hearing on Friday, September 16th, 2016.




Articles vary on the facts of her sentence (some say that it was 6.5 years while others say 11 years) but they all agree that she was sentenced, that she is now officially serving time and that the presently 41 y/o nude model, bathing suit model, escort and drug trafficker will not be eligible for parole until sometime in 2019.




Interestingly, most inmates worry about "prison sex", but not Simone.  An apparent highlight of Simone's court case was the allegation that she was having sex with one of her prison guards in an effort to get more privileges, including access to a cell phone.  




I suppose that until you get 6.5-11 years for trafficking meth it's good to be the former face of Ed Hardy...





For 25 years 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 #CriminalLaw #CriminalDefense #PenthousePet #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #EdHardy  #SwimSuitModel #Model #SimoneStarr #SimoneFarrow #Meth #Methamphetamine #DrugTrafficking  #DEA #Trafficking #PrisonSex
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Thursday, October 27, 2016

Italy: Born to Unite? Or Born to Masturbate? Man's Indecent Behavior Conviction is Overturned by Italy's Supreme Court, which "okays" Public Masturbation ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Not withstanding his defenses that "he only does it occasionally" and that  it would have been hard to see him because he did it around dusk when there was "reduced visibility", "Pietro L.", a 69 y/o Sicilian man, was convicted in Catania, Sicily, Italy of Indecent Behavior after reportedly having been caught just outside of the University of Catania holding his penis and masturbating in front of female students.




Pietro L. was sentenced to serve 3 months in jail and was fined 3,420 Euros (or about $3,850.00).   Although his lawyers appealed the conviction and sentence the Court of Appeal in Catania affirmed the lower court's ruling, prompting another appeal directly to the Supreme Court of Italy.




And, lo and behold, the Italian Sups TOSSED (no pun intended) both lower courts, reversing both Pietro L.'s conviction and sentence.






The basis of the High Court's ruling was reportedly a 2015 law which decriminalized public masturbation, prompting an opinion which allegedly states that "The act is no longer regarded as a crime by the law."  Naturally there has been backlash, including those who have accused the government that passed the new law as being "pervert sympathizers". 



Elvira Savino, an MP from the Forza Italia Party, reportedly went on record stating that:  "The Renzi government [referring to Prime Minister Matteo Renzi] has never given equal opportunities much notice, but to save from the prison cells people who commit obscene acts in front of women is really unjustifiable.  The government's law is an invitation to every maniac to molest women."  Maybe.  But it seems to me that...





For 25 years 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 #CriminalLaw #CriminalDefense #Indecency #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #PublicIndecency #IndecentBehavior #PublicMastrubation #Lewdness #LewdAct #LewdAndLascivious #Mastrubation #Pervert #Molestation #SexAct
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Tuesday, October 25, 2016

Was my Lawyer Ineffective and are Calls between my Lawyer and I Admissible in Court to Prove that he was Ineffective? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:    Was my lawyer ineffective and are calls between my lawyer and I admissible in court to prove that he was ineffective? I entered a plea and am currently awaiting sentencing. I have recorded conversations between my Public Defender and myself where my PD states that hes not at liberty to re-investigate my case and that he did not attempt to suppress what I have learned to be a illegal search and seizure. He also states that he has over 180 open cases, as if that were to affect his ability with mine.  It took him 10 days after being assigned to my case to come see me, he did not investigate my claims that information was false, that the police lied about statements that I did not make and he did not interview my witnesses.  While I was in jail he claimed that the court would only reduce bail is I took a plea but on the recorded phone call he stated differently.  It was not until last week that he started to investigate my claims. I've asked several times for a plea withdrawal so I can have my case looked at properly by a competent lawyer but that has not happened.  I think that what he is doing is only to save his own self from any type of attorney discipline.  
A:    Chosen as "Best Answer" by Asker on www.AVVO.com


You are the boss in the attorney-client relationship but your lawyer, presumably, knows the law better than you, as well as how to apply her/his skills toward your best interests given the unique facts and circumstances of your case.  Still, from your proffer it sounds to me like you lawyer is not trying "to save his own self from any type of attorney discipline"; to the contrary it sounds to me like he is setting you up for an ineffective assistance of counsel claim. 



If what you have proffered is true then your lawyer should be doing an awful lot of things that he is not doing on your behalf.  Apart from even the most basic of defense investigation and evidence challenges, your lawyer generally needs to do your bidding (unless you ask her/him to do something unlawful or unethical) and s/he must act in your interests.  While most strategic decisions are reserved for your lawyer to make s/he should still discuss them with you and where there is a conflict the lawyer should bring the matter to the courts attention and seek ex parte guidance (with the client present). 



The Florida Bar's primary function is to ensure that it's members perform to standards and to thereby maintain the integrity of the legal system.   So, if you feel that your lawyer has failed to perform ethically or has otherwise violated his oath as a lawyer then you should file a grievance with the Florida Bar and let them decide if your complaint(s) has (have) merit.  Bad lawyers reflect poorly on all of the good lawyers, and it's important to call them out. 




Following is a link to the Florida Bar Associations' Attorney Discipline Process: http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/dbac6623cf5c015f85257a3f0060b781!OpenDocument#FileComplaintAgainstLawyer


That said, in FL if you record a conversation without first securing the other person's knowledge and consent (including your lawyer) then you have committed a felony. Not only will the recording not be admissible in evidence for you (in your ineffective assistance or Bar Grievance case) but it is likely to be admitted into evidence against you in your felony prosecution (see F.S. 934.03 - Interception and disclosure of wire, oral, or electronic communications, a 3rd degree felony). 

All of this said I suggest that you have your PD file, or that you file pro se, a Motion to Withdraw your Plea. In the motion you should tell the Judge that you have discovered evidence that you believe exonerates you and that you wish to examine it.  If nothing else this will get the issues in front of the Judge.  But I caution you, again, not to bring up or attempt to use your felonious recordings

, and also to be careful when you make accusations against your lawyer.  

I do not know (I know what you have proffered in your question but I do not "know") what really happened or did not happen but either way 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 #CriminalLaw #CriminalDefense #PublicDefender #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #Ethics #LawyerEthics #IneffectiveAssistanceOfCounsel #Rule3 #Rule3.850 #RecordedPhoneCalls ##InterceptionOfWireCommunications 
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