Friday, March 31, 2017

FL Man is Arrested at a Walmart for Aggravated Assault with a Deadly Weapon after "Swinging Swords" at Customers in the Parking Lot ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Admission / Confession time: It's become somewhat of a routine for me to scour the internet in search of interesting, bizarre and even disgusting criminal defense and DUI related stories which I can recap and spin as a sort of PSA (or a "public service announcement") of what not to do and how to stay out of legal trouble.  




Admission / Confession time contiued: In this case, when I saw the first article (I always fact check articles to make sure that there are multiple, and credible, sources before I blog about them), it was entitled "FL Man Arrested for Sword Swinging in Walmart Parking Lot".   As it turns out this was both a misleading caption and one that immediately caught my attention (as, "sword swinging" has an urban dictionary definition that is very different from that of Mr. Webster...).




Admission / Confession time contiued: Be that as it may and as it turns out, while this story and our "hero" do not line up with my initial thought there nonetheless remains a lesson to be learned from this tale of woe... and it involves Florida Statutes 790.23. (Btw, the pic below came from an unsuccessful Google search for "convicted felon possession weapon funny" which turned up nothing even remotely funny, but which did return a still shot from my VideoFAQ / YouTube Webisode (# 144) entitled "What happens when a Convicted Felon is caught with a Weapon or Firearm in FL?", and a link to that video will appear at the bottom of this article.)




That said, meet 44 y/o Shannon Schenck of Brookeville, FL.  That's his most recent mug shot below...




And here is his mug shot from 2013, when he was arrested, and reportedly convicted, of other (obviously unrelated) felony charges...




On Thursday, February 23, 2017 Hernando County Deputy Sheriff's responded to the Brookeville Walmart (pictured below) parking lot after the store manager had called police to report a subject in the parking lot swinging swords towards customers in a threatening manner.




Sheriff's Deputies responded at 12:04 pm and, per authorities: "Upon arrival, contact was made with Shannon Schenck, who had two (2) swords on his person and appeared to be under the influence of drugs and/or alcohol.  The investigation revealed that he had assumed a fighting stance and unsheathed the swords in a threatening manner while approaching customers exiting their vehicles."




(Okay, that Minecraft pic was with my son in mind... Here is a more adult example...)



  
(And this is my personal favorite... I can;t believe that they're ending Black Sails after only 4 seasons... but I digress... so, back to the story at hand....)  'Ole Shannon was arrested for aggravated assault with a deadly weapon, possession of a weapon by a convicted felon, misdemeanor possession of marijuana and for possession of drug paraphernalia, but the take-away from this story is that if you are a convicted felon then you are (in FL anyhow) prohibited from possessing either a firearm or a deadly weapon, and if you are caught in possession thereof then you will face a felony offense independent of whatever other offense that you may have committed (in Shannon's case the most serious offense being aggravated assault with a deadly weapon).



Memo to Shannon Schenck:   WTF were you thinking when you grabbed those swords?  You don't even have a beard!  You do, however, have prior convictions in Hernando County Florida in the following boatload of felony cases (note that I am not going to list your plethora of misdemeanor convictions, only the felony convictions by crime and case number):  1) statutory enhanced theft (272012CF000095CFAXMX), 2) another statutorily enhanced theft (272012CF000096CFAXMX), 3) possession of a controlled substance (272009CF001218CFAXMX), 4) possession of an altered driver license (272008CF002453CFAXMX), 5) possession of a controlled substance (272004CF001960CFAXMX), 6) attempted manufacture of methamphetamine (272004CF001961CFAXMX), 7) introduction of contraband into a detention facility (271995CF000432CFAXMX), 8-11) sale of marijuana, felony possession of marijuana, sale of a controlled substance, possession of a controlled substance (271995CF000245CFAXMX), 12) burglary of a dwelling (271995CF000079CFAXMX), 13) sale, manufacture of PWID marijuana (271989CF000370CFAXMX) and 14) fleeing to elude a LEO (271988CT000047CTAXMX)... and those are just in Hernando County, FL. I didn't check anywhere else.  With all of your theft and dope case I think it safe to say that you have a significant substance abuse issue but I refuse to believe that marijuana can be responsible, either in part or in whole, for your having armed yourself with swords and then acted violently toward the public.  Synthetic marijuana perhaps, but not the "kind", which would encourage you to attack nothing other than a bag of Doritos, a pizza or some similar item.




Memo to the Folks:   If you are a convicted felon and you are caught in possession of a concealed weapon or a firearm in Fl then you will face prosecution for a 2nd degree felony, punishable by up to 15 years in state prison.  The elements of the crime are simple: To be found guilty the State must prove that 1) You were convicted of a felony and that after that conviction 2) you knowingly “owned, had in your care, custody, possession or control” a firearm or a concealed weapon.  Because of the simplicity of the offense the issues that usually pop up surround the conviction and th issue of possession.  You do not need to be convicted of a felony in FL to violate F.S. 790.23; so long as the State can prove it in court, any felony conviction anywhere at anytime will suffice.  In fact the crime could even have been a misdemeanor in the place where you were convicted but if FL would consider it a felony then it will suffice for purposes of your prosecution.  Possession can be actual (you are holding it or it is on your person) or it can be constructive (you are not in actual possession but the object is close enough to your person so as to be “within ready reach” and is “under your control”).  Please watch HaberPA's VideoFAQ / YouTube Webisode on "What happens when a Convicted Felon is caught with a Weapon or Firearm in FL?" by clicking on the video link below, and, if you like it, then PLEASE SUBSCRIBE to our YouTube Channel @ https://www.youtube.com/c/michaelhaberlaw.  We presently have 144 Criminal Defense, DUI & BUI related VideoFAQs / Webisodes and we have another 40 that have been filmed and are in production.




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!  


#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 #ConvictedFelon #Recidivism #Recidivist #RepeatOffender #PossessionOfADeadlyWeaponByAConvictedFelon #Weapon #DeadlyWeapon #Walmart #SwordFight #AggravatedAssualtWithADeadlyWeapon #AggravatedAssault #Minecraft #ThePrincessBride #DreadPirateWesley #BlackSails #CaptainFlint 

Thursday, March 30, 2017

Suspicious Man in FL Mall Runs from Cop, gets Tasered and Arrested for Grand Theft of $4k in Stolen Victoria's Secret Merchandise ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet 45 y/o Luis Padin.  That's him below...




On Friday, February 24th, 2017 Luis was arrested for grand theft after stealing $3,986.00 worth of merchandise from a Naples, FL Victoria's Secret.




But before Louie was arrested he was tasered...




In a mall, by a mall cop....




Okay, so it wasn't a Paul Blart mall cop that tasered Louie; he was tasered by a Collier County, FL deputy sheriff  who observed Louie walk out of the mall carrying a Hugo Boss  shopping bag.



The problem:   The Coastland Center Mall doesn't have a Hugo Boss store, and this raised an articulable suspicion of criminal activity in the deputy's mind (whether or not that suspicion was objectively reasonable is up to a judge to decide).






Anyhow, the Deputy observed Louie walking with the Hugo Boss bag and, just as soon as Louie observed the Deputy, Louie reportedly "immediately turned around and began walking the other way".  The Deputy then reportedly called out several times for Louie to stop, even asking for him to produce identification, but Louie just began to walk faster, and eventually ran away from the officer, thus confirming criminal activity in the Deputy's mind and justifying the successful use of his taser. When the Deputy inspected the Hugo Boss shopping bag that Louie was carrying he discovered 296 stolen items valued at $3,986.00 from Victoria's Secret inside.  As for Louie, he was reportedly transported to the Naples Community Hospital where he was treated, released into police custody and he was then booked into the Collier County Jail.



  

Memo to the Folks:  A "Stop and Frisk”, or a "Terry Stop" is codified at Florida Statute 901.151.   In a nutshell this procedure give cops a mechanism to temporarily detain, and in some circumstances to even conduct a limited search (we call it an “outer garment pat down”) of objectively suspicious persons.  The rule is designed to strike a reasonable balance between curbing overzealous cops from violating citizens 4th Amendment rights while also protecting society from those who present a clear and immediate danger.  The requirements are simple and 3-fold: 1) A police officer must subjectively believe that a particular person is committing, is about to commit or has just committed a crime and 2) The officer must be able to articulate her/his belief and 3) The belief must be objectively reasonable (meaning the Jane or Joe Average cop, knowing what that officer knew at that time, would agree that the person in question was, at the time committing, about to commit or had just committed a crime).





Memo to the Folks continued:  If this is the case (i.e. if the officer has a "reasonable and articulable suspicion") then the cop can detain you, temporarily, and ask you questions in an effort to either confirm or dispel her/his reasonable suspicion (naturally you are free NOT to answer) and only if the officer reasonably believes that you are armed and dangerous can s/he conduct a “limited pat-down of your outer garments”.  If the cop exceeds the scope of either the temporary detention or the limited pat-down then it is not a Terry Stop and it is more likely a full blown arrest (which requires the higher burden of probable cause).






Memo to the Folks continued:   Please watch HaberPA's VideoFAQ / YouTube Webisode on "What is a Terry Stop / Stop and Frisk" by clicking on the video link below.  And if you like the video them PLEASE SUBSCRIBE to HaberPA's YouTube Channel @ https://www.youtube.com/c/michaelhaberlaw .  We presently have 144 Criminal Defense, DUI & BUI related VideoFAQs / Webisodes and there are another 40 that have been filmed and are currently in production.





Memo to Luis Padin:  I suspect that your lawyer will attack the stop / use of force on 4th Amendment grounds but your fleeing will not be a helpful fact.  As I have said to many a client, potential client, AVVO "Asker" and folks in general:  When it comes to running from the Popo, the bottom line is that you can liken it to lying about having done something that you weren't supposed to do (i.e. the cover-up, a/k/a the the lie, or the fleeing, is almost always going to make things significantly worse than the underlying act).




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!  


#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 #GrandTheft #Theft #Larceny #GrandLarceny #Shoplifting #StopAndFrish #TerryStop #ReasonableSuspicion #ArticulableSuspicion #ReasonableAndArticulableSuspicion #Taser #TaserGun #Detention #Stop #4thAmendment #DontRunFromCops

Wednesday, March 29, 2017

Dumb FL Criminal: Man takes Maserati for a Test Drive, Ditches the Salesman but apparently forgets that the Dealership has his Driver License ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet 45 y/o Michael McGilvary.  That's him below.




I think it fair to say that Michael won't be getting an invite to join MENSA anytime soon.
On Tuesday, February 21st, 2017 Michael appeared at the Ferrari-Maserati dealership in Fort Lauderdale and asked to test drive a Maserati.  




Michael reportedly told the salesman that he wanted to test drive the car to the Boca Raton Resort and Club, where his girlfriend was waiting, so that he could show her the $150,000.00 Maserati GranTurismo.




But after their 11 mile test drive, when the men arrived at the Club, Michael managed to ditch the salesman at the boat docks, taking off in the sleek sport's car and stranding the salesman.  After 30 minutes had passed the salesman went back to the resort's valet who reportedly informed him that he had seen Michael jump back into the Maserati and drive off. 




The embarrassed salesman reported the incident and it took a day, but the following day, on Wednesday, February 22nd, 2017, Boca Raton police caught up to Michael, sans the Maserati, at a local Starbucks.  Michael smartly refused to answer questions about the stolen car but he was stupidly busted for 1st degree grand theft because A) he was all over video tape at the dealership embarking on his test drive and B) he had handed over his driver's license to the dealership when he initially took the car out for a spin and C) the Boca Raton Resort and Club's valet supervisor reportedly identified him to police as someone that he had known for years.  After he was arrested Michael was reportedly presented with the video evidence of himself at the dealership and he still denied that it was him in the tape.




In an ironic twist, Michael was given a $10,000.00 bond on his 1st degree Grand Theft charge but he reportedly remains in custody in the Palm Beach County Jail because of a courtesy hold for the federal government as he has now also violated probation that he was serving on a federal charge out of Connecticut. 




Memo to Michael McGilvary:  Congratulations!  Anyone can get arrested but you have taken it to a level that makes you one of... 




Memo to Michael McGilvary continued:  Still...




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!  


#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 #GrandTheft #Theft #Larceny #GrandLarceny #Maserati #GranTourismo #Ferrari #TestDrive #Bond #Bail #ProbationWarrant #ProbationHold #ProbationDetainer  #BocaRatonResort #BocaRatonResortAndClub 

Tuesday, March 28, 2017

While would-be Thieves were Swapping Price Tags their Chihuahua was OD'ing on Heroin in their Car, Cops & a Vet saved the Puppy ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1





Meet 46 y/o Thomas Romero and 38 y/o Nina Crawford of Carrollton, TX.  That's them below...




This dynamic duo were caught at a Home Depot swapping price tags and when cops arrived to investigate their attempted theft they asked if the officer would be kind enough to check on the 4 month old Chihuahua-mix puppy that they had left inside of their car.  And so, in a...




(yes... in a "random act of kindness") the officer went out to the pick-up truck and discovered the puppy laying on the floorboards of the vehicle, described as "whimpering" and looking "near death", and it didn't take the cops long to figure out the "why" of things:  Per a police spokeswoman:  "There was drug paraphernalia... Eventually we did find drugs in the car...", and so officers rushed the critical pup to the North Texas Emergency Vet Clinic.




Veterinarian Stacy Fowler, who treated the puppy, determined that the puppy had ingested opiates and was essentially suffering from a heroin overdose.  Per Dr. Fowler:  "He was extraordinarily lethargic, almost comatose, barely breathing, his heart rate was very, very slow, his body temperature was really low.  He was really on the verge of not breathing. If he’d not received treatment he would’ve stopped breathing."



Police named the pup "Lucky", and, due to a combination of their quick response time and Dr. Fowler's expertise Lucky was saved and will make a full recovery.




Thomas an Nina... not so much.  They were arrested and booked on charges for heroin possession and for fraudulent destruction, removal, or concealment of writing (for allegedly switching price tags).  They will also likely face animal cruelty charges.




The Carrollton Police Department posted a pic of lucky on it's Facebook page (you can access that by clicking here) with the caption:  

ONE TOUGH PUP!
Our many thanks today to Dr. Stacie Fowler and the staff at North Texas Emergency Pet Clinic for nursing this honorary K-9 back to health.
A-shift patrol officers found the puppy suffering from a drug overdose Saturday. Pup was left in the floorboard of a truck in the Home Depot parking lot while its humans were busy inside switching price tags.
Humans were arrested for heroin possession and for fraudulent destruction, removal, or concealment of writing. Puppy is on way to full recovery from opiate overdose and is back in the care of The City of Carrollton Animal Adoption Center.


... and several people on the police department's Facebook page have expressed interest in adopting Lucky.




Memo to Thomas Romero and Nina Crawford:  I am a cat guy.  Yes I like dogs.  Most specifically I like big dogs.  And while Chihuahua's are not big dogs (they are barking rats), as an animal lover I still have compassion for them.  In point of fact, and not withstanding my career choice, I still have much more compassion for Lucky than I do for either you douche bags.  Still, you are entitled to a defense and to a defense lawyer... just not this one.




Memo to Thomas Romero and Nina Crawford continued:  You are are fortunate that Lucky survived, and that may well be a difference maker in your cases.  If your lawyer can't find anything else to work with at least there's that.



   
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!  


#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 #Theft #Fraud #Steal #Stealing #Thief #Chihuahua #AnimalCruelty #AnimalAbuse #Heroin #Opiate #Overdose #OD #Vet #Veterinarian #AnimalHospital #AnimalClinic #Lucky #GoodCop #GoodCops #HomeDepot #PriceTag #TagSwapping #PriceSwapping #LossPrevention