Monday, June 29, 2015

Martin County, FL Sheriff Deputy has to undergo Surgery after Nabbing a Robbery Suspect ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet Martin County , Florida Sheriff's Deputy "Falco".  That's him below...




Deputy Falco was aggressively involved in the manhunt / search for a trio of brazen Stuart, Florida armed robbery subjects who had committed their heist at the "Stuart Discount Beverage" liquor store in broad daylight at about 1:00 pm on Friday, June 26th, 2015.  Per reports two (2) men with t-shirts over their faces entered and held-up the liquor store, one (1) brandishing a firearm, while a third stayed in the car.  The store's owner, 34 y/o Dean Ibrahim said that: "They told a couple of people to get on the ground, but the customers were on the floor right away", and Martin County Sheriff William Snyder said that: "It was a very aggressive robbery.  The manner in the way they displayed their firearms, they meant business."  





The two (2) invaders fled out of the store's back door and got away in the car which was being driven by the third co-conspirator.  With little to go on Deputies took to both the air and the ground to find them, and find them they did. Two (2) of the men were discovered about thirty (30) minutes after the robbery hiding in a nearby wooded area and the third was found approximately fifteen (15) minutes after that hiding in a Stuart area house.  






Unfortunately during the search in the woods Deputy Falco ate one of the suspect's caps, which was reportedly made out of a stocking.  Deputy Falco was taken to Monterey Animal Hospital where a veterinarian removed the cap from the K-9's stomach.






While it is unknown precisely who's "skully" wound up in Deputy Falco's belly the trio were later identified as 29 y/o Jacobie DuMar McIntyre, 25 y/o Dante Harris and 22 y/o Alonzo Colema, all are pictured below. 




In Florida when a crime is committed all knowing participants, regardless of their level of participation, are held equally accountable for the consequences of their crime.  This is called "the principal theory" (you can read the statute here and it's precise language is printed below).

777.011 Principal in first degree.—Whoever commits any criminal offense against the state, whether felony or misdemeanor, or aids, abets, counsels, hires, or otherwise procures such offense to be committed, and such offense is committed or is attempted to be committed, is a principal in the first degree and may be charged, convicted, and punished as such, whether he or she is or is not actually or constructively present at the commission of such offense.




In this case all three of these knuckleheads are going to be charged with armed robbery, which is a 1st degree felony that is punishable by life in prison (again, per Florida law the get-away-driver is just as equally responsible for the armed robbery as is the guy with the gun), as well as aggravated assault (which is the least of their problems as in FL "life" means "life" in prison).  What is curious is whether or not any of them will be charged with some sort of battery or reckless endangerment against a LEO (law enforcement officer), as Deputy Falco is, in fact, a sworn LEO.  




Memo to Deputy Falco:  Get well soon and thank you for your service!





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!  


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Sunday, June 28, 2015

What to do with the house guest from hell who won't leave and who's in your stuff? ~ "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     I have someone staying at my house whom is my fathers friend, she went through my room and stole change and more, what can i do?  I set up my computer to record my room while my father and I went to a family event for 8 hours. I watched the video now a few weeks later, and catch her in my room doing the following: Heres a list of what I caught her doing on camera:  Rummaging through my desk, taking change out of where I keep it in my jar, and business card holder, you see her take it out the room and put it down, looking under my bed, going thoroughly through my dress pants, going thoroughly through my backpack, going in my safe, goes in my closet, goes in my bathroom and shuts the bathroom door, going through my basket on the side of the toilet and my sink/cabinet and picking things up.  She has a eviction notice from the judge and court marshall from my dad taking her to court to evict her. Can I sue her?


A:     Chosen as "Best Answer" by Asker on AVVO!





4

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Best Answer
chosen by asker
Answered . First make sure that it's okay with your dad, and if so then CALL THE COPS and show them the video. This is almost certain to result in her arrest (not to fail to mention to speed up the eviction process) as even a "guest" (someone who is lawfully on the premises) can commit a burglary by entering an area where she does not have permission to be and by therein taking items which do not belong to her.

If your dad is down with this then please tell him that when she gets arrested he can appear at her bond hearing and ask the Judge to enter a "stay away order", which will 100% guarantee that she will not be permitted back on the premises.

If your dad is not down with any of this then you probably shouldn't call the cops (as that could drive a wedge in your family situation).

Either way I'm wishing you luck and hoping that you will follow up and let me know what happens.

Thanks for the great question (believe it or not they are not all great questions... I've answered more than 6,100 of them on AVVO and yours truly stands out) and I hope that I've been helpful in answering you.
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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Asker
Posted about 5 hours ago.
That's exactly what I'm looking for, a stay away from our property. Thank you!
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted 29 minutes ago.
You are most welcome.

Based on some of my NJ colleague's comments I am confident that there is a civil procedure which you can employ to get a restraining order but my way (having her a** arrested and ordered to stay away as a condition of her pretrial release) is not only a guarantee but it's also cost free.

Again wishing you the best of luck and very glad to know that I've been helpful to you. I'm also grateful for the +++ feedback. That makes all my time spent worth the while.


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 #HouseGuestFromHell #Eviction #Burglary #Theft #StayAwayOrder
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Parent's Conviction for Spanking 3 y/o Daughter is Reversed, MA now Permits Spanking ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




This past week SCOTUS scored a blow for all Americans when it "legalized" same sex marriage, and it's pro-ACA ruling was a score for the Obama Administration.  In a lesser publicized, although one of no lesser importance, the Massachusetts Supreme Court ("MSC")...




struck a blow for parents who feel it to be both appropriate and necessary to strike their children, and in doing do the MSC helped to expand the definition of...





The Massachusetts' high court struck it's own blow o/b/o all MA parents who want to strike their children.  NOT to be confused with authorizing parental abuse, MA parents no longer need to worry about being subject to arrest for reasonably disciplining their own children by way of an old fashioned...




The legal guidelines for spanking were established on Thursday, June 25th, 2015 and permit the use of physical punishment by parents on their children "by spanking so long as reasonable force is used and the child is not harmed."  The MSC issued the framework while reversing an assault and battery conviction of a Brockton, MA man who had been arrested after police observed him spanking his almost 3 y/o  daughter near a bus station.  In 2011 two (2) cops allegedly witnessed Jean Dorvil kick and then strike his young daughter in the buttocks. Dorvil said he was playing around with the girl, and that he had spanked her lightly when she became disobedient. The judge who tried the case cited conflicting testimony on whether the child was kicked or not but found Dorvil was found guilty of assault and battery for the spanking. He appealed on the grounds of parental privilege and that case resulted in this opinion.




Corporal punishment cases had come before the court in the past, but the justices noted that specific guidelines had never been issued for the parental privilege defense, leaving open the question of whether spanking was allowed under any circumstances in Massachusetts.  Writing for the seven (7) member Court, Justice Barbara Lenk said that two (2) important interests needed to be balanced:  A) protecting children against abuse and B) avoiding the unnecessary interference with the rights of parents to raise children as they see fit. Justice Lenk wrote that "spanking or other mild physical punishment is permissible if the force used against the minor child is reasonable and where it is used for the purpose of safeguarding or promoting the welfare of the minor, including the prevention or punishment of the minor’s misconduct.”



The MSC was certain to make it abundantly clear that force can never be used if it causes or risks causing any "lasting physical or emotional harm", and concluded that the overall balance must always tip in favor of protecting children from abuse masking as discipline.  Justice Lenk cautioned that:  "By requiring that the force be reasonable and reasonably related to a legitimate purpose, this approach effectively balances respect for parental decisions regarding the care and upbringing of minor children with the Commonwealth’s compelling interest in protecting children against abuse.”   In short, the MSC recognized that there is a world of difference between a parent who reasonably disciplines their child verses one who physically abuses any child; permitting the former and reinforcing the unlawfulness of the latter.  And this is not rocket science, it's just plain old common sense.

Naturally there were those who opposed the ruling, taking the absurd position that any striking / touching of a child by a a parent is by definition abusive, but they are fanatical douchebags who either cannot discriminate, or who believe that no parent can discriminate, between the reasonable and unreasonable use of force, as well to distinguish between appropriate circumstances where parental corporal punishment passes the "smell test".  Take for instance Mary McGeown, who is the CEO of the Massachusetts Society for the Prevention of Cruelty to Children.  Per Mary:  "We are the grown-ups. We are supposed to protect kids and hitting them is not a way to discipline them or empower them to make good decisions."  Still, even Mary Mary Quite Contrary had to credit the Justices "for balancing strong views on both sides of the matter", stating that she was "pleased with the court’s strong position on child protection".  Memo to the Folks of Patriot Nation, er the Bay State: This ruling does not permit child abuse, or disproportionate discipline, so please use good judgment and common sense.  I was subjected to corporal discipline and I am yet to have a Columbine moment.  I am also yet to beat my own child.  In fact let me take a moment to add a Memo to Mary McGeown and the rest of her ilk (i.e. those folks who are completely intolerant of any form of physical parental discipline under any circumstances):  The fact that I was subject to corporal punishment ALWAYS (each and every time) enters my mind when I wanna smack my 10 y/o.... and those memories almost always stay my hand.  I am always reminded that if there is to be a smack then the "offense" damn well better be justified by the precipitating event. And do you know what?  It usually, most always, does NOT meet the "smell test", so I do not strike my kid.  But this does not mean that there are not times where it was necessary for me (as a kid to be stricken) or where it is necessary for me to do so to / for my kid, so... back down and stay out of my personal business.  I would not punch, torture, beat (etc) my kid and anyone who does should be prosecuted.  In the interim is is a simple fact - IT HAS ALWAYS BEEN A SIMPLE FACT - that on occasion... 

Memo to the Folks:  This ruling has no bearing on the issue of....

As an aside I will share two (2) tangential thoughts on this matter, both of which, in my opinion, directly speak to what I affectionately call the "pussification" of American society today....

1)  A few years ago while waiting in a typically brutal TSA line which was crawling like molasses and watching time tick as A) my son's "unaccompanied minor" flight departure time rapidly approached, B) TSA refused to expedite our processing through their line and C) my ten 6 y/o kid was absolutely and utterly uncontrollable, I grabbed him by the shirt collar and yelled at him to stand still and shut up.  Clearly this was not my finest moment but, and not withstanding my admittedly harsh tone, I also did not strike my child. Regardless I was whole-heartily offended, and had to seriously bite my tongue, when some TSA douchebag grabbed my shoulder spinning me around and ordering me to "stop talking to my kid like that".  My protest was cut short when he made it clear that I would be detained if I even said another word. Fortunately I am not an idiot so I did STFU, but to this day I am livid at that TSA douchebag who should have been 1) paying more attention to moving the line along, 2) more sensitive to an unaccompanied minor who had an imminent departure and 3) staying out of my non-violent, albeit loud, parenting business.

2)  As a kid I attended North Beach Elementary School on Arthur Godfrey Road in Miami Beach.  Our Principal was a no-nonsense man named Mr. Simmons.  Gene ran a tight ship and, in lieu of a rudder, he steered his ship with a paddle which looked exactly, precisely, like this (a few of my NBE friends, I will not name names, will remember just as I do, which is kinda the point)...

Suffice it to say that I met that paddle twice in my six (6) years of late 1960's through early-mid 1970's elementary education.  The first time Mr. Simmons had me drop my drawers and bend over his desk.  As I did he swooshed the paddle past me so fast that I both heard the motion and felt the wind force.  It scared me pretty good, but not well enough as I found myself bent over that desk with my pants around my ankles a second time.  On that latter occasion the paddle connected with my derriere.  There was no third time.  Thus...


And...




Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, in both State and Federal Courts, in criminal 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 #Spanking #Parenting #CorporalPunishment #SupremeCourt #ParentalPrivilege #BostonStrong


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