Wednesday, January 6, 2016

Russian Policeman sends his non-cop Brother to Work to cover his Police Shifts for a full year before getting caught ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1



Meet {former} Russian police officer Yaroslav Spivak.  That's him below...



Now say hello to Yaroslav's younger brother Oleg (that's him below)...



The brothers Spivak made international news after Yaroslav was caught sending Oleg to work for him.... yes, as a police officer... and if it's not enough that the brothers did so, they had been doing so for more than a year before getting caught.   And, just to add a little insult to injury, Oleg had reportedly posted two (2) pictures (including the one above and below) wearing Yaroslav 's uniform on social media earlier this year.



The  brothers Spivak were only caught when Oleg found himself unable to answer a question which had been posed to him by Yaroslav's superior.  Yaroslav's superior was surprised that his employee could not remember a conversation that they had just had the previous day, and eventually Oleg was forced to admit that he had taken his brother's place.  Oleg faces "impersonation fraud charges" and it is unknown whether Yaroslav, who was fired, will be charged criminally. 



Memo to the Folks:  Impersonating a police officer is a serious matter (in Florida it is a felony, see F.S. 843.0). 


Memo to the Folks continued:  Impersonating a police officer is a serious matter (in Florida it is a felony).  In order to impersonate you must do more than wear a police shirt or hat or even a badge... you must hold yourself out to be a police officer (i.e. on appearance and coupled with action the reasonably prudent person must believe that you are a cop).  



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 #ImpersonatingAPoliceOfficer #Fraud #IndentityTheft #IdentityFraud #Impersonating #FalsePersonation


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Tuesday, January 5, 2016

Watch Michael A. Haber, P.A.'s YouTube Webisode on: Can a Lawyer Speak with Friends or Family about the Case? ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1





As a general rule I will share with family members anything that they could discern for themselves on line. Here in Miami that includes the charges (not the facts and circumstances underlying the charges, just what the actual charges are), the procedural status of the case and upcoming court dates. The reason for this is because of my limitation on disclosure by way of the "attorney-client privilege". 




Unless and until the client gives me authorization to speak to a 3rd party (which oftentimes includes spouses or people who are in fact paying the client's legal fees) the rules of professional conduct prohibit a lawyer from discussing the facts, circumstances, strategy, defenses and anything other than that which is readily available and is otherwise public information with anyone other than the client. 


Here is an example of what I mean. The following language is taken from an actual client contract:  "Attorney has been retained by_________, Client’s mother. Although Client’s fees are being paid by Client’s mother, and although both Client and his mother expressly understand and agree to the proscriptions as contained in Rule 4-1.8(f), R.R.F.B. (i.e. that although Client consents to a third party paying his fees and costs, such third party is not the Client and she cannot in any way interfere with the Attorney-Client relationship), and although Client and his mother further understand that any and all information relative to the representation of Client remains protected by the rules governing confidentiality - i.e. Rule 4-1.6, R.R.F.B.), Client has expressly waived the same and specifically authorizes Attorney to freely communicate with his mother in regard to any and all aspects of the representation."




Formal language like that is not necessarily required but a responsible lawyer will at least need for the client to directly tell him that it is okay to speak freely - or even with some restriction - with anyone else about the case. 





If you have a FL based ‪#‎CriminalDefense‬ or ‪#‎DUI‬ question that you would like for Michael A. Haber, Esq. to address and answer then please SUBMIT YOUR QUESTIONS by email to sharky910@aol.com, call or text 305-798-2220 or message "Miami.Criminal.Lawyer" on ‪#‎Facebook‬ or @Sharky910 on ‪#‎Twitter‬) and Michael A. Haber, Esq. will try to provide you with a video answer on a new HaberPA Webisode!

Also please LEAVE YOUR FEEDBACK on the Webisodes so that we will know what you like or dislike and such that we can effort at improving future Webisodes!


​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.

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 whether in person, over the phone (305-381-8686 - 305-798-2220), by e-mail (sharky910@aol.com) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910). 



​When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA 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 generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:



Office Phone:  305-381-8686
Toll Free Phone:  1-888-SHARK-8-1
Cellular Phone / Text:  305-798-2220
E-Mail:  Sharky910@aol.com / MAH@HaberPA.com
Facebook:  www.facebook.com/HaberPA
Twitter:  @Sharky910
Blog:  http://habercriminallaw.blogspot.com/


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 #Confidentiality #Privilege  #AttorneyClientPrivilege #AttorneyClientRelationship #ClientCommunications #ThirdParties #3rdParties #PublicRecords


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What happens when you leave the Country and have a Warrant for an Open Marijuana Possession case? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     What's going to happen with my marijuana possession case?  In summer of 2014 I was arrested in Jersey city and charged with possession of marijuana, one small bag, something like 1 gr. I had to left country before trial because I was on temporary visa, so now I have open case and arrest warrant in New Jersey. I contacted court few times and they told me to hire a lawyer, but I am student from eastern Europe and I still didn't save enough money to hire one. I want to know what is going to happen with my case, bail, if I don't hire a lawyer soon?


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



Best Answer
chosen by asker
Answered . Nothing ids going to happen to your case.

You have a warrant and your case will be held in abeyance until the warrant is either quashed or served.

Not withstanding Governor Christie's utterly moronic hard-line stance on marijuana laws and enforcement you will almost certainly not be the subject of either an Interpol warrant or international extradition, but if you try to enter the US then you will almost certainly be detained.

I do not usually agree with Clerk's giving legal advise but in this case I make an exception... (" I contacted court few times and they told me to hire a lawyer..."). I not only agree but I also urge you to find a way to do so. You do not need a warrant, even for a misdemeanor, hanging over your head.

The bottom line with warrants is that they suck (well that and that oftentimes they end up in untimely and inconvenient incarceration). When it comes to the subject of warrants, anyone anywhere who has knowledge of the existence of the warrant has 2 choices: Either they can deal with it proactively, in an offensive manner or they can live day to day, waiting until it is ultimately served, and then play catch-up (defense).

In this light warrants can be likened to cancer. If it exists (whether it is a warrant or cancer) then you have a problem. You can either choose to deal with the problem and hope for the best or you can wait for the problem to deal with you in its own natural fashion. In the former event it may or may not work out favorably for you, but, in the case of a warrant, at least the State and the Judge will have to acknowledge that you voluntarily chose to bring the matter to them (which is an undeniable fact that even an inexperienced lawyer should be able to use your advantage during the pendency of your case). In the later event, however, just as with cancer, the longer that you choose to wait (whether in denial, self-pity or simply because you are lost in hope, desperation and prayer that it'll heal itself / go away) then more time that it has to metasticize and destroy you from within.

You may well have defenses to your charges, I don't know. What I do know is that you should discuss the matter with an experienced Jersey City, NJ area criminal defense lawyer. Further, I am certain that, right, wrong or indifferent that the warrant is a veritable cancer which will almost surely prejudice you, whether with the Court, the State or both, sometime down the legal pike.

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 #Warrant #FugitiveWarrant #Interpol #InterpolWarrant #InternationalExtradition #Extradition #Marijuana #MarijuanaPossession #Possession #PossessionOfMarijuana #Student #ExchangeStudent #ForeignExchangeStudent #ICE #BOP #ArrestWarrant #StudentVisa 

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MN Woman Bites off a Piece of her Husband's Ear during a fight over Beer... Denies it to the Cops but Admits it in Recorded Telephone Calls from the Jail ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet 37 year old Jamie Elrod of St. Cloud, Minnesota.  That's her below... 



Jamie was charged with first degree assault in the Stearns County District Court after she went all Mike Tyson on her husband, biting off a piece of his ear, allegedly during an argument over beer.  


When police arrived at their home they found Jamie, her husband (who was missing part of his right ear), blood and the piece of missing ear on the floor.  Per the cops Jamie's husband told said that he and Jamie had gotten into an argument over beer and that she "went off at him" while Jamie swore that she did not know what had happened to her husband's ear.




The cops did not buy Jamie's poorly feigned lack of knowledge and surprise, and their suspicion was proved reasonable by Jamie's subsequent stupidity in admitting to having bitten off part of her husband's ear during recorded phone calls made from her jail cell.




Memo to the Folks:  Look at the picture below.....





Memo to the Folks continued:   If you ever find yourself in jail then please, pretty please, do not discuss your case with anyone... not in person and especially not on the phone.  You have no privacy rights in jail.  All calls are monitored and recorded. Further, all inmates are out for themselves and many are looking for "information" which they can broker to secure a better deal for themselves.  You can (and should) make calls... to your lawyer, your bail-bonds person or to your family, but, when you do so, DO NOT DISCUSS YOUR CASE.



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 #Assault #Battery #AggravatedBattery #AggravtedAssault #Mayhem #PermanentInjury #Jail #JailCell #JailPhone #JailCalls #Privacy #Confidentiality #YouHaveNoPrivacyRightsInJial #YouHaveNo4thAmendmentProtectionInJail #STFU 

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Monday, January 4, 2016

Watch Michael A. Haber, P.A.'s YouTube Webisode on: If I fire my lawyer or if my lawyer withdraws can I get my fees back? ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1



The FL Bar Rule says that, upon termination of representation, a lawyer should refund to the client any advance payment of a fee that has not been earned. This does not preclude a lawyer from retaining any reasonable non-refundable fee that the client agreed would be deemed earned when the lawyer commenced the client's representation.


In reality there are no solid answers to the issue of refunding legal fees.   is sticky, varies greatly and should ultimately boil down to a combination of a) the language in the retainer agreement and b) what is fair, just and appropriate under the circumstances.


There are Many times fees are nonrefundable and other times equity or good business compel a refund, in whole or in part.  



(Click here to view Michael A. Haber, P.A.'s Webisode Playlist, currently at 45 episodes)

If you have a FL based ‪#‎CriminalDefense‬ or ‪#‎DUI‬ question that you would like for Michael A. Haber, Esq. to address and answer then please SUBMIT YOUR QUESTIONS by email to sharky910@aol.com, call or text 305-798-2220 or message "Miami.Criminal.Lawyer" on ‪#‎Facebook‬ or @Sharky910 on ‪#‎Twitter‬) and Michael A. Haber, Esq. will try to provide you with a video answer on a new HaberPA Webisode!

Also please LEAVE YOUR FEEDBACK on the Webisodes so that we will know what you like or dislike and such that we can effort at improving future Webisodes!



​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.

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 whether in person, over the phone (305-381-8686 - 305-798-2220), by e-mail (sharky910@aol.com) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910). 



​When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!

At Michael A. Haber, PA "it's all about reasonable doubt"!


Please note that no attorney-client relationship with either Michael A. Haber, PA 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 generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:



Office Phone:  305-381-8686
Toll Free Phone:  1-888-SHARK-8-1
Cellular Phone / Text:  305-798-2220
E-Mail:  Sharky910@aol.com / MAH@HaberPA.com
Facebook:  www.facebook.com/HaberPA
Twitter:  @Sharky910
Blog:  http://habercriminallaw.blogspot.com/


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 #Refund #LegalFees #RefundLegalFees #YoureFired #Discharge #TerminateRepresentation #FireYourLawyer  #Withdrawal #WithdrawFromRepresentation 


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