Wednesday, July 1, 2015

Beware (& Most Especially Parents): "Pistol Grip" iPhone Case Looks Exactly like a Handgun ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Okay.  I know that America is the "Land of Opportunity" and that there are no ethics in the "making money business" but some things are just d-u-m-b.  Take this genius idea for instance... the latest iPhone case which makes the phone look like a fake gun and which is all but guaranteed to lead to someone being shot.





The case, which is rectangular and has a "handgun" handle on the side, is being sold online and all over New York City street corners for as little as $10.00, and it comes with an app that turns the phone's screen into an image of a gun barrel to align with the case.  When it is slipped into a back pocket the handle sticks out in exactly the same way a gun handle would, and when the phone is being used by its owner, it appears as though the person is handling a real weapon.





It is no wonder, and completely reasonable and responsible, that police precincts, prosecutors and gun-control campaigners are warning that the case is a veritable "deathtrap".  Police officers could easily mistake it for an actual gun and pull their own weapons on the owner.   Per the Ocean County Prosecutor's Office: "Please folks - this cell-phone case is not a cool product or a good idea.  A police officer's job is hard enough, without having to make a split second decision in the dark of night when someone decides without thinking to pull this out while stopped for a motor vehicle violation."  Per a Tweet by the NYPD 112th Precinct:  "I would NOT suggest purchasing this cell-phone case, which was designed to look like a firearm. #BeSmart #BeSafe."  Per Patrick Lynch, President of the Patrolmen’s Benevolent Association: "The money that is earned from the sale of this case is blood money earned from the blood of the person who is foolish enough to carry it.".  And community activists, such as Tony Herbert (pictured below), are urging folks not to buy this product.  Per Tony Herbert:  "We have to ban the sale of this item before lives are lost".





In the interim the "Gun Grip Case" is being sold everywhere, including Amazon.com. But the website "Japan Trend Shop" may be the worst offender, advertising that the item is "available in black, white or pink, this fake "pistol" works with an app so you can interact with a digital version of the gun in the same color on your iPhone 5 screen.  The app means you can play games of Russian Roulette at parties! Don't worry, you can't actually shoot anyone!" (you can view the web page for yourself by clicking here).





Memo to the Folks:  I am a capitalist and I believe in the free market.  I am also a Darwinist and believe in survival of the fittest.  But this particular item is just plain stupid.  Please do not buy this product and whatever you do please, pretty please, do not let your kids, or any kids, buy or use this product.  The "Gun Grip Case" is clearly a bad decision.





For more than 23 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 #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 #iPhone #iPhoneCase #PistolGrip #PistolGripiPhoneCase #GunGripCase #FakeGun #StupidIsAsStupidDoes


Cincinnati Courthouse is Shut Down due to a Perfume Bottle which is shaped like a Hand-Grenade ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




On Tuesday, June 30th, 2015 the Hamilton County courthouse in Cincinnati, OH was evacuated after a suspicious item was detected inside of a suitcase which was being carried by a woman who had entered the building. The woman, Felicia Brock, is pictured below.



  

Per Hamilton County Sheriff's official Jim Knapp something "didn't look right" as Felicia went through the security screening around 8.15 am while toting along two (2) suitcases.  





What didn't look right turned out to be nothing more than a bottle of perfume, albeit one which looked, through the x-ray machine, exactly like a WWII era "pineapple hand-grenade".





Bomb sniffing dogs were called in and "got a hit on something", but, in hindsight, apparently they were seriously thrown off scent (sorry couldn't resist the pun).






Authorities shut down the Hamilton County courthouse and evacuated the premises, ans also closed Main Street while crews dealt with the potentially explosive situation. However, after hours of investigation (which included a robot being sent into the courthouse) the situation was, er, diffused.  Again, c'mon...





Felicia was first arrested, then un-arrested and is now accusing officials of profiling and discriminating against her merely because she is a Muslim woman who wears a hijab.  Per Felicia:  "I didn't do anything wrong.  I just came in here for court minding my own business. I was like 'There's nothing in there... there's just perfume and my belongings.  And they basically discriminated against me.  I didn't do nothing. I just came here for court."  Memo to Felicia:  Get over yourself.  You were not the victim of discrimination.  Not remotely.  You were reasonably detained because you passed a bottle of perfume that looks exactly like a hand-grenade through an x-ray machine in a court facility.  Once again...





Memo to Felicia continued:  It would not have mattered if you were Muslim, Jewish, Buddhist, Christian an Atheist or a subscriber of any other faith.  Nor did your hijab have anything to do with your detention and questioning.  I am a mostly-bald, short, white, male lawyer, and if I had carried that perfume bottle in my briefcase then I would have been detained just like you.  That said, you should not feel too bad because you did not invent this particular wheel.  In March 2014, TSA agents in Phoenix closed down Sky Harbor International Airport when they found a bottle of Jimmy Choo perfume during a search.  





Memo to Felicia continued:  The Viktor & Rolf scent 'Spicebomb' also happens to be shaped to look like a  hand-grenade.  I'm sure it's only a matter of time before someone else is discriminated against, only not for their race, gender or religion; rather for their taste in perfume.  






Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.


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 #PerfumeBottle #HandGrenade #JimmyChoo #ViktorAndRolf #SpiceBomb #PineappleHandGrenade

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Michael A. Haber, Esq. is almost always available to you for consultation in any of a number of ways:

1)   In person at the Law Offices of Michael A. Haber, P.A., (1888 Northwest 7th Street, Miami, FL 33125);




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It is our sincere hope that these "Webisodes" are informative, entertaining and resourceful, but it is important for you to know that no attorney-client relationship with either Michael A. Haber, P.A. or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is strictly generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  You must always be mindful that the hiring of a lawyer is in an important decision which should never be based solely upon any form of advertising. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. in any of the ten (10) manners outlined above.




We will continue to create Webisodes to address various and generic Florida based criminal defense and DUI related issues but we encourage you to submit your own questions (via phone, email, Facebook, Twitter,  Michael A, Haber, P.A.'s Criminal Defense & DUI Litigation Law Blog or otherwise).  Your input and feedback will help to improve the Webisode series, as well as to make it more informative and personal. 






Since 1991 ​Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area.  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  ​When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq., and remember that at Michael A. Haber, PA "it's all about reasonable doubt"!






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

Miami-Dade County Authorizes Civil Fines for Pot Possession but Fails to Adopt Enforcement Guidelines ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1





It's official.  Yesterday, Tuesday, June 30th, 2015 the Miami-Dade County Commission passed an Ordinance with a 10-3 vote which authorizes police NOT to arrest folks for possession of under 20 grams of marijuana and to instead issue a $100.00 civil citation which will not appear on one's criminal "record".  




BUT... is this just another case of "the path to Hell being paved with the best of intentions"?





The new Ordinance is certainly a step in the right direction, but I submit that it was, as are most things which are Legislatively accomplished in Florida (and elsewhere), not thought through and that it will, at least short term, lead to more problems than it will to the solution that it seeks to create.





As it stands marijuana is a controlled substance which is illegal as far as both the federal government and the State of Florida are concerned.  Possession of marijuana "under" (meaning possession of less than 20 grams without intention to sell) is a first degree misdemeanor (see F.S. 893.13(6)(b), which you can view here), and all Florida law enforcement officers are authorized to arrest anyone who violates this law.  Prior to yesterday Miami-Dade County Police Officers enjoyed two levels of discretion in enforcing this law:  1) Any individual officer could subvert her/his sworn duty to uphold the law and instead simply chose NOT to enforce the law (i.e. to warn the subject and not otherwise "formalize" the incident) or 2) To arrest the offender in one of two (2) ways, by either A) physically taking the subject into custody and causing the arrestee to be "booked" or B) issuing the subject a "PTA / NTA" (promise / notice to appear), which is in fact an arrest, albeit sans the booking process.  As of next week (when the new ordinance kicks in) there will be yet a third discretionary option, namely NOT to effectuate an arrest (either physical or on paper) and instead to issue a "civil citation" which the "offender" can then pay ($100.00) with neither criminal consequence nor a criminal record from the incident.  The $64,000.00 question (yes, I am that old) is:  How does a given cop decide who to cite vs. who to arrest (whether physical or on paper)?  Unfortunately, in Miami-Dade County the answer to that question is presently unknown.




Admittedly I do not know the nuances of the Ordinance (which, again, I whole heartily support) but with all of the articles and reports that I've read and seen I am unaware of any sort of guidelines or protocols or instructions or policies or even any scintilla of thought on this matter, yet this is a matter which should {have} be{en} well thought out beforehand.  Why?  Because a veritable sh*t storm is coming, that's why.




First, even "as is" there are on-going "selectivity" issues in regard to the unfettered discretion that all Florida cops enjoy in their decision-making process of physical vs. paper arrests for marijuana possession under.  Absent written departmental policies this decision is left to the sole discretion of the individual officer on the roadside, and in my nearly quarter century of criminal defense litigation practice (primarily in the 305) I can tell you that there is rhyme or reason for these decisions, but it always boils down to that officer's mood in the moment (and that "mood" is just as surely effected by factors such as race, sex, religion, color, creed, etc as it is by the attitude, behavior, prior criminal history and circumstances surrounding the incident itself). It's a sad reality that some cops are more inclined to physically arrest some folks than others; conversely, some cops are more likely to paper arrest some folks than others.  The thing is, that "as is", in either event the end is the same, to wit:  the subject is arrested, must go through the court process and face, at a minimum, a criminal arrest history.  With the new Ordinance in place, however, Miami-Dade County Police will now have the added discretion to choose who gets arrested and who get's "a {veritable} pass"... and, in my opinion, without strict guidelines this is a recipe for disaster.  Profiling, stereotyping, prejudice, bias... absent clear protocol as to who to "cite" vs who to arrest you can expect this imbalance to be the new "normal" in SoFlo.  





"Decriminalizing" marijuana (over, under, whatever) is an excellent start which will hopefully pave the way for full blown legalization (with attendant education, regulation and taxation), and while this Ordinance will benefit some it will surely prejudice others (and ultimately likely cost the 305 taxpayers more in the long run... expect lawsuits, lots of them).  Further, the new Ordinance is likely to result in other collateral confusion.  For example:   1) Apart from NOT BINDING IT'S OWN OFFICERS TO ANYTHING (caps intentional), the Miami-Dade County Ordinance does not bind any of the individual municipalities within the County (most of which have their own independent police departments, not too fail to mention having their own city / town / village ordinances), and there are 34 (thirty-four) of them in a two thousand (2,000) square mile area from Florida City to Aventura (you can view the statistics here). This also does not take into account the plethora of "other" law enforcement agencies which"operate" with Miami-Dade County borders (i.e. Florida Highway Patrol, Florida Fish and Wildlife, DOT etc, and the vast array of other State and federal agencies).  2) What is the consequence of on'e failure to pay a civil fine in a timely fashion?  Does it then transform like Optimus Prime into a criminal case?  If so is there going to be a double jeopardy challenge waiting to happen?  Expect lawsuits, appeals... legal aggravation in short.  3) The Ordinance does nothing for any of the folks who have been arrested or who are currently pending prosecution in Miami-Dade County for possession under... in other words it is not retroactive. Tacking on the initial, bigger and inherent bias / prejudice / stereotyping / profiling issue, and not that I expect anything less from the Miami-Dade Commissioners, these are the sort of "foresight" issues that responsible legislative bodies should be considering before recklessly passing laws (ordinances... whatever).  It is simply irresponsible to adopt the attitude that "we'll figure it out / worry about it later".




Again, I applaud the move.  In fact I think that it has to go further (but that's a matter for Tallahassee and Washington, DC, and, believe it or not, the Legislators and Congress folk in both of those towns are even more f*cked-up than the a**clowns down here)....





It's "high" time for the U.S. Government and all fifty (50) States to "wake up and smell the sensimilla".  Marijuana prohibition is every bit as stupid (yes "stupid") as was alcohol prohibition.  It promotes crime, denies freedom and redirects finances and other resources from potentially productive to utterly wasteful.




For more than 23 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 #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 #Marijuana #Possession #MarijuanaPossession #CivilFine #CivilInfraction #PoliceDiscretion #Pot #Bud #Weed #Refer #Kind #Sensimilla