Friday, July 28, 2017

How do you get a Domestic Violence Restraining Order off your record so you can be licensed as a Firearms Instructor? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:  How to clear a Restraining order in order to teach concealed carry classes?  My son put a restraining order on me I didn't bother to fight it because I didn't think it would matter. I was okay with staying out of his life. He is dissolving the order this week. Will I ever be able to get a concealed carry permit to be able to become a trainer.


A:

Licensed in FL

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Answered . "I didn't bother to fight it because I didn't think it would matter."

I'll bet that you're regretting that foolish decision right about now (and I'll also wager that it'll haunt you down the pike as well...).

The DVRO is a civil case, it cannot be sealed or expunged and even if it could then you'd still likely have to disclose it for licensing purposes.

Regardless, and as asked, his is not a domestic violence or a criminal defense question; It is an administrative / regulatory / licensing question, and no lawyer can tell you whether or not you will either get a CWP or be licensed as a firearms instructor.

If you want to increase your odds at getting a competent answer then you should ask the only folks who can provide you an answer, to wit: the FL Dept. of Agriculture, Div or Licensing . For your convenience I have attached a link to their website below.

Please see: http://www.freshfromflorida.com/Divisions-Offic...

Wishing you luck and hoping that I have been helpful in properly re-directing 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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Posted 9 days ago.
Thank you very much for your answer and sending me in the right direction. Your help is very much appreciated.
Michael Adam Haber
Michael Adam Haber, Domestic Violence Lawyer - Miami, FL
Posted less than a minute ago.
You are most welcome, and thank you for the +++ feedback (that is much appreciated by me).

Again, wishing you the best of luck.

Fondly,

MAH/Esq

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 #Crime #Criminal #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalAttorney #CriminalDefenseAttorney  #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #MiamiCriminalDefenseAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DomesticViolence #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Seal #Sealing #Expunge #Expungement #CriminalRecord #CriminalHistory #Probation #ProbationViolation #VOP #PVH #PO #ViolationOfProbation #ProbationViolationHearing #PSA #PublicServiceAnnouncement #CWP #ConcealedWeaponPermit #ConcealedFirearmPermit #FirearmInstructor 
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Tuesday, July 25, 2017

A NoCar Priest is Arrested for Aggravated Assault for Pointing a Glock Pistol at a Passing Vehicle while Cruising the FL Turnpike in a Red Corvette ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




25 y/o Father William Rian Adams is a Priest who reportedly serves God from the Calvary Episcopal Church in Fletcher, North Carolina.




I am admittedly not well-versed in matters of the Clergy, and so I do not know such things as:  Do Priests take vacations?  If they do then do they typically drive cars interstate?  If they do then do they usually drive classic muscle cars (like, say for instance, an early-70's red Corvette)?  If so then do they usually carry semi-automatic pistols?  In this particular case (the case of Father Bill), according to the Florida Highway Patrol anyhow, the answers to my "if" questions are as follows:


Q:  Do Priests take vacations?

A:  I do not know but Father Bill was neither at not anywhere near to the Calvary Episcopal Church in Fletcher, North Carolina when he was arrested in Martin County, Florida (some 660 miles apart).




Q:  If they do then do they typically drive cars interstate?  

A:  Apparently so (and sweet ones at that...), see above. 




Q:  If they do then do they usually drive classic muscle cars (like, say for instance, an early-70's red Corvette)?  

A:  Again, apparently so.  That below is (or reportedly reasonably depicts) the "Little Red Corvette" that Father Bill was driving when he was arrested.




Q:  If so then do they usually carry semi-automatic pistols?

A:  Once again, Father Bill does not disappoint.  His Glock 22 was recovered from inside of his vehicle at the time of his arrest.




According to the 24 and 54 y/o occupants of a blue Chevy Silverado pick-up, as they went to pass the Red Corvette on the Florida Turnpike (which had reportedly just "brake-checked" the pick-up - "brake-checking" is when the car in front of you hits their brakes, presumably to advise that you are too close to their rear bumper) in Palm City, Martin County, Florida the driver (who was shortly identified as Father Bill) pulled, brandished and pointed his Glock at the passing pick-up.




The occupants of the pick-up dialed 911, reporting the incident to FHP, and State Troopers would pull Father Bill over in abutting St. Lucie County, Florida shortly thereafter. 




In an apparent effort at exonerating himself Father Bill reportedly denied ever touching (much less pulling and pointing) his Glock, allegedly telling responding Troopers that the complaining witnesses were in fact the aggressors, having inexplicably pulled up next to him, rolled down a window, yelled and screamed without provocation and then threw what he believed to be a soda at his car. Father Bill insisted that he did not pull his gun out and that it had remained securely underneath the passenger's seat the entire time, with the magazine in the glove compartment.  (It is unknown where either the firearm or the magazine were at the time of the stop.)




Well the Troopers didn't buy the explanation (er, confession?) and Father Bill was arrested and booked on two counts of aggravated assault with a firearm (both 3rd degree felonies and each of which are punishable by up to either 5 years in state prison or 5 years probation plus a $5,000.00 fine).




Memo to the Folks:  I do not know what happened in this case, whether Father Bill in fact brandished his firearm, if so then whether he was lawfully justified (i.e. was in reasonable fear and defended himself) or whether the alleged victim's are telling the truth in this case.  What I do know is that the occupants of the pick-up called FHP claiming that the driver of the 'Vette had a gun, he did have a gun when he was pulled over and this is very strong evidence - albeit circumstantial - against Father Bill.  




Memo to the Folks continued:  I also know that I have a CWP but that I rarely carry.  Why?  Because over the course of 26 years I have learned a few truths.  Yes, one is that you may regret not having a gun if you ever need one, but another is that many of my clients would not have been my clients were they not packing.  Why? Because many people lack impulse control, and...




Memo to the Folks continued:  Apparently Priests are people too. Heck, (yes, I used the word "heck" intentionally,) no one though that "Preacher" was a Gunslinger did they?




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 #Crime #Criminal #CriminalLawyer #CriminalLaw #CriminalDefense #MiamiCriminalDefenseLawyer #CriminalAttorney #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DomesticViolence #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Seal #Sealing #Expunge #Expungement #CriminalRecord #CriminalHistory #Probation #ProbationViolation #VOP #PVH #PO #ViolationOfProbation #ProbationViolationHearing #PSA #PublicServiceAnnouncement #Priest #RoadRage #Firearm #Gun #Assault #AggravatedAssault #DeadlyWeapon #AggravatedAssaultWithADeadlyWeapon #LittleRedCorvette #Trooper #FHP #FloridaHighwayPatriol #PriestFAIL! #BadPriest  #CCW #CCF #ConcealedWeapon #ConcealedFirearm #BrakeCheck #PaleRider #ImpulseControl #BadDecisions
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Monday, July 24, 2017

Cop a Cop Stop me for Driving with a Suspended License even if I did not commit any Traffic Violation? ~ "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:  Pulled over for no reason at all!  Today I was driving down a state road in city limits. I was not speeding, was seat belted and committing no infractions at all. As I drove thru an intersection a marked cruiser pulled into traffic behind me. Within 90 seconds of doing so I was pulled over. When he approached the car, I asked what I had done. He asked me my name and when I gave it to him he replied I had a suspended license for an unpaid ticket. I have no interaction with police so I am not known out and about, I have not received a citation locally in at least 20 years so there is no reason for this. I believe he didn't even have time at the time of the stop to run my tag based on his distance from me.



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

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Answered . Look, I'm not going to type the many - the plethora - of viable explanations that I 100% guarantee to you that the cop in question will swear to under oath and on a busload of Bishops and a Cardinal too boot...  but I will bet my mortgage payment that the officer either had an actual reason to stop you (whether you agree with it or not) or that s/he will fabricate one (but, I will add that in this case it's all but guaranteed that the cop ran your plate - which can automatically be done by camera and computer in nano-seconds as the police car drives along the roadway scanning ever car in sight, your car's tag and vehicle registration matched-up with your driver license photo, your suspension flashed in red on the police computer screen and then the cop made what's called a "probable cause" stop - the PC being for DWLS, which is a crime).

So you got a ticket(s) and now it is time to fight it. If the end game was receipt of an infraction(s) then any of the many local Z-hills area traffic lawyers can competently handle your case and if it turned into more, a criminal traffic or other criminal matter, then you might seek more experienced criminal defense counsel. Either way, you can do this alone (foolishly I might add) or you can hire a lawyer to assist you.

You may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case, but the best way for you to get competent advise is going to be to consult with an experienced and local traffic / criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the citation(s) / police report(s) and whatever evidence that you may provide and then offer an informed opinion.

What you think or believe may or may not be relevant to what will happen in Court. Please do yourself a favor and let someone with adequate training and knowledge help you to make that call.

Btw, if we are talking about infraction / non-criminal matters only then, in my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can't speak to the Z-hills area per se but in Miami, Fl, where I have been a practicing criminal defense lawyer for 22+ years, for $49-$99 you will get a lawyer who knows the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment.

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.)


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 #DWLS #DricingWithSuspendedLicense #SuspendedLicense #DAVID #LicensePlate #LicensePlateCameras #TrafficStop #TrafficTicket #TrafficCitation
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Friday, July 21, 2017

Man is caught both on Video and by an Undercover Cop who watched him as he Stole 15 Cans of Motor Oil and 30 DVDs from a 7-11 ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




On June 1st, 2017 surveillance video (which you can watch by clicking here) captured the moment that a baggy pant thief tried to steal 15 bottles of motor oil and 30 DVDs from a convenience store by stuffing them in his jeans before being caught by an undercover cop.




Polk County Deputy Sheriff Detective Phil Ryan was sitting in an unmarked car in a 7-11 parking lot when he saw 38 y/o William J. Hall walk into the store wearing very baggy jeans.




(No, I did not put the arrow or the lettering in the still pic... that was done by the Polk County Sheriff's IT guy, who posted a whole series of pictures on their Facebook page following this incident.  You can view the Polk County Sheriff's Facebook page by clicking here.)  Per Detective Ryan (and the surveillance footage) he watched as Hall turned down the first aisle, proceed to stuff 15 bottles of Penzoil and 30 discounted DVDs into his baggy jeans and moments later walk out, with pants that were inflated with the stolen goods.  As Hall walked toward his car, noticeably straining to carry the loot.




Detective Ryan exited his vehicle and escorted Hall back inside, where he was told to remove the stolen goods...




and Hall did as he was told, returning the booty, all 15 bottles of motor oil and 30 DVDs, to an employee who was behind the counter...




Later the Polk County Sheriff would make light of the easy collar by posting the following on their Facebook page along with the picture below...


And now it's time for a Polk County #CrazyCriminal story - filed under #youcantmakethisstuffup.
Question: What do the items in this photo have in common? Answer: They all fit in 38 yr old William Jason Hall's pants.
Last Thursday afternoon, June 1st, Detective Phil Ryan was parked in his unmarked patrol car at the 7-Eleven store on Duff Road in north Lakeland, when he saw Mr. Hall, who was wearing baggy blue jeans, walk into the store, go down the first aisle in direct line-of-sight with the detective, and put 15 quart-sized bottles of Pennzoil into his pants.
Mr. Hall then dropped several movies from the shelf onto the floor, bent down, stacked the movies on top of one another, picked them up, and slid them down into his pants too. He walked out of the store, past Detective Ryan who was still in his car, and attempted to get into his own vehicle.
Detective Ryan said, "I don't think so," and went up to Mr. Hall. We imagine he said something that began with, "Are those movies and bottles of motor oil in your pants, or.......?"
In case you're wondering (and we know you are) it was an assortment of "Treasure Hunt!" movies - 30 DVDs to be exact. We went to 7-Eleven's website to find out exactly what a "Treasure Hunt!" movie is - here's the description, listed under "last minute gift ideas": An eclectic selection of gently watched DVDs and Blu-Ray disks that can keep one occupied for hours priced from $1.99 to $5.99. They include movies and full seasons of popular television series. Look for the “Treasure Hunt” display. Participating stores may also carry popular CDs, value-priced from $3.99 to $7.99.
Mr. Hall, the next time you need some motor oil and last-minute gifts, please pay for them. That guy in the car outside might just be a plainclothes detective. This arrest was his third for petit theft, making these charges a felony. #funnynotfunny



Memo to William J. Hall (and the Folks):




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 #GrandTheft #PettyTheft #PetitTheft #Shoplifting #FelonyTheft #MotorOil #Penzoil #Surveillance #CCTV #Video #Evidence #UndercoverCop #UC #PlainClothesCop #UnmarkedCar #UnmarkedPoliceCar #Facebook #SocialMedia #SorryNotSorry #711 #7Eleven #Omnipresent #ConvenienceStore
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