PLEASE WATCH #HABERPA'S VIDEOFAQ # 400) "What are “Gratuitous Charges”?" @ https://youtu.be/ScxKcGWxbCM
This Blog Post is a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information) but it also both marks the rollout of this latest batch of #HaberPA's VideoFAQs and highlights # 400) "What are “Gratuitous Charges”?" and finally it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel). Disclosures complete let's get to it:
- The PSA: #HaberPA's VideoFAQ # 400 explains the concept of “Gratuitous Charges”, offers Pro-Tips as to how to avoid the experience and goes like this:
"Thanks for asking me “What are “Gratuitous Charges”?”
Before we get to “gratuitous” let’s define the word “charges”. Whenever anyone gets arrested that person has been “charged” by their arresting officer with either a single count or multiple counts against them, each count being a separate charge, or an allegation that a specific criminal law was violated. So, for our purposes, a “charge” is any count that’s levied against you by a police officer.
Again, sometimes an arrest is for one lone charge whereas other times a single arrest will include multiple charges. For instance, if I get arrested for a “Plain Jane” DUI then I should have one count / one charge of DUI; but if during the course of that same DUI the Officer finds open containers, controlled substances or unauthorized weapons in my car, or if I was either driving on a suspended license or fleeing and eluding, well then I am likely to be booked on multiple counts - or charges - all at the same time. Another example is if I smash a car window, reach in and steal property that was inside of the vehicle then in 1 criminal episode I’ve committed at least 3 distinct offenses and should be charged with at least 3 counts, to wit: burglary, theft and criminal mischief.
Okay, so what are “gratuitous charges”? Simply put, “gratuitous charges” is a slang term for additional, yet completely avoidable, counts that a cop levies against a citizen where, during the course of a police-citizen encounter, that citizen either actually engages in - or is perceived as having engaged in - disrespectful, condescending, impertinent or aggressive behavior. This very real phenomenon is know as being held in “Contempt of Cop”, and, again, includes both actual and perceived behavior... in other words, you don’t truly need to be disparaging or derogatory to a cop; rather, the cop just needs to sense or feel that you’re being arrogant or pejorative in order to both hold you in “contempt of cop” and to levy actual additional, gratuitous charges against you.
Run of the mill “gratuitous charges” include such things as Obstruction of Justice, and Resisting Arrest - be it with or without violence. Not only do such gratuitous charges increase your exposure in court but they also enhance your our of picket expenses - such as for bond and legal fees, as well as making your case more difficult for both you and your lawyer."
- The roll-out: Over the course of Memorial Day weekend we published #HaberPA VideoFAQs # 376 - 401, 5 of which deal with The Fourth Amendment per se, another 5 of which deal directly with the subject of warrants, 4 of which deal with searches and Motions to Suppress, 3 of which deal with Miranda Rights, 1 on "Spoliation of Evidence", 1 on "Chain of Custody" and 6 that deal with Arrests (more specifically 2 of which are generic, 2 concerning "Contempt of Cop" and 2 on "Gratuitous Charges").
Again, today we are highlighting # 400) "What are “Gratuitous Charges”?", which you can watch at the following URL: https://youtu.be/ScxKcGWxbCM
- The shameless plug: #HaberPA's VideoFAQ catalogue is now up to 401 Criminal Defense, Criminal Law, Criminal Procedure, DUI, BUI, Domestic Violence, Evidence, Crime Victim Rights and Seal & Expunge "Webisodes" and we are currently scripting 24 new ones concerning such topics as: The 6th Amendment, Public Defenders vs. Private Criminal Defense Counsel, lawyer ethics (insert snarky oxymoron joke here...) and client's rights as are imposed upon all lawyers in The Sunshine State via the Rules Regulating the Florida Bar and updated firearm / gun laws in Florida's new Constitutional Carry era.
If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw
As of today we have 2,495 subscribers who've contributed to our 698,585 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!
Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "affirmative defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.
While I admittedly conjure a healthy percentage of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera). Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on X /Twitter (@Sharky910), MeWe (also @Sharky910), on YouTube (via MichaelHaberLaw) or by PM'ing me right here on FB and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then we'll be happy to provide you with a custom tailored video answer to your relevant question.
With all that said I hope that you enjoy # 400, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no attorney-client relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs. Any and all information which is both contained in and may be construed from our VideoFAQ is meant to be generic in nature, should only be considered as academic and is not intended to be construed as legal advise to any specific individual for any specific case. Should you wish to seek actual legal advise then please feel free to contact #HaberPA directly.
Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.
Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #VictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.
At #HaberPA "it's all about #ReasonableDoubt"!
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