Thursday, July 30, 2015

Where multiple people are in the same case can the prosecutor charge them differently? ~ "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Why is he the only one being charged with 775.08?   A group of 4 men committed the same crime.  They all have the same prosecutor and they all have more or less the same criminal background.  Yet, the prosecution only wants to enhance penalty 775.084/ORDER:PSI in one of them. Why?


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

Licensed in FL


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Answered . Frankly the "why" of it isn't really relevant for 2 reasons: 1) the prosecutor has the discretion to seek to enhance who they want and to seek NOT (caps intentional) to enhance who they want (and there is nothing that you or I or anyone else - other than the Judge who gets to decide ONLY (again caps intentional - can say or do about it) if the prosecutor has properly, lawfully sought and proven the enhancement) and 2) if he was served with a notice of enhancement then his stakes have just gotten a whole heck of a lot steeper (he's facing minimum-mandatory time). 

That said I can offer 3 suggestions as to why: a) he may be the only one who qualifies for enhanced sentencing (the other 3 may not have sufficient priors), or b) perhaps he was (ion the prosecutors mins) more culpable than the other 3 or, c) maybe the other 3 either flipped and provided information to the State or confessed and made it easier (as opposed to him) for the government to do its job. 

Following is a link to the enhancement statute: Please see: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.084.html

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....more


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Your answer was so clear! Thank you for answering
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
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My pleasure. Ty for the +++ feedback!


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!  


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Do I have to completely clear a intersection when the street light is turning red? ~ "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     What is the Florida law regarding whether I should have to completely clear the intersection when the light is turning red? If a driver is approaching a traffic signal, and it turns yellow, and starts crossing the intersection (front two tires are passed the white line) while the traffic signal is yellow, and then the light turns RED while the car is still in the intersection, is this a violation? What is the Florida law (F.S # would be great) that describes this?  What does a RED light camera need to show? I understand they take several pictures which are documented with the ticket, usually showing the state of the intersection before the car passed the intersection and one during, but I want to clarify if my understanding is correct.


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

Licensed in FL



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Answered . The statute is 316.075 (a link follows): 

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.075.html

In Florida it is not illegal to deliberately drive through a yellow light. A yellow light means only that traffic facing the light is “warned” that a red light will soon follow. As long as your vehicle entered the intersection or passed the crosswalk or limit line before the light turned red, you haven’t broken the law. 

That said I strongly urge you to HIRE A LAWYER (caps intentional). 

My guess is that you have about as much business practicing law as I do piloting a space shuttle... meaning none. Please understand that this is not personal to you. It is a simple truism in the legal profession. It is very easy to screw up a case when one does not understand the complexities of the rules of evidence and the rules of procedure; and you are very likely to screw up your case if you serve as your own lawyer (ergo Abe Lincoln's famous quote... "He who represents himself has a fool for a client."). 

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 Orlando area per se but in Miami, Fl, where I have been a practicing criminal defense lawyer for nearly a quarter of a century, there are many skilled and experienced traffic lawyers who know 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. 

That said, I hope that I have been helpful in answering your question.


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 #RedLight #RedLightCamera #RedLightTicket #YellowLight #CameraTicket #RunningRedLight #RunningYellowLight #TrafficTicket #TrafficCitation #AVVO
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Wednesday, July 29, 2015

WA Bank Robbery Fugitive is Arrested After being Profiled in Newspaper Article about his Movie "Star" Role ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




"Marla Mae" is described as a "low-budget 'chick flick' horror movie" in which a one Dr Lourdes, a Planned Parenthood physician, implants a demented contraceptive device into a female patient named Maria.




The movie is scheduled for release next year (2016) but on Thursday, July 23rd, 2015, "The Olympian", a WA newspaper, ran an article about the production (you can read the story here), and in the article a series of photos were displayed, including several of 44 y/o "talented actor" Jason Stange (pictured below on the right), who plays "Dr. Lourdes" in "Marla Mae".






The problem, for Jason, is that he is (er, was) a wanted fugitive.  Back in 2006 he  had pleaded guilty to bank robbery charges and received a nine (9) year prison sentence. After his incarcerative portion he was sent to a halfway house (such a "step down" is "SOP" in federal cases) in the Spokane, WA area, but in July, 2014 he disappeared and a federal fugitive warrant was issued for his arrest.




Keen eyed members of the U.S. Marshall's Pacific Northwest Violent Offender Task Force saw their prey's picture in the article and then developed a plan to trap their quarry.  Federal agents pulled the filming permits and tracked the project to a house in Olympia, WA, set up shop and quickly arrested Jason on Friday. July 24th, 2015, in costume and at a restaurant close to the filming location in Olympia.  In an act of compassion to the $8,000.00 budget films' producers Jason was permitted to return the costume to the set before heading off to a federal detention center.




Memo to Jason:  I can imagine what you were thinking when you bailed from your halfway facility... (likely something along the lines of) "it sucks and I want out", but you were so close to freedom, then... BAM.  Stupid Decision Central.  And, making matter worse (not to fail to mention compounding the stupidity), instead of laying low (like a smart fugitive) you put yourself out there as an alleged movie star.  Your arrest was as much of a "no brainer" as your sentencing will no doubt prove to be.   Memo to the Folks:  Don't commit crimes, but, if you do, and if you get caught, prosecuted and sentenced, then first do your time and then do your best to re-start.  If you flee - if you attain "fugitive status" - then it's only a matter of time before you get caught, and when you do, it will be exponentially uglier.  




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 #Fugitive #BankRobbery #USMarshalls #FugitiveTaskForce #HalfwayHouse #FederalPrison #Prison #Jail #OnTheLam #Lamister #MarlaMae #HorrorFlick #HorrorMovie 






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How does a person find out if an officer or an agency had any involvement with a case? ~ Chosen as "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     What is the process to find out if a case has been compromised due to either a sheriff arrest or FDLE employee being fired for tampering? In a drug case, when a Sheriff is arrested how can you find out if he handled the arrest?  It has been many years since the arrest but the circumstances are that an arrest warrant was served two years after the incident, so the defendant is not sure of what or who made or were involved.  How does a person find out if an officer or agency had any involvement with the case?  I have always known with a strong feeling that this was a set up but because there is no attorney on the case the Defendant is left with accepting what occurred.  I trust the law but I also know things do happen so any info is appreciated.


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

Licensed in FL



1

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Best Answer
chosen by asker
Answered . Hiring a criminal defense lawyer is the best, easiest and surest way to get the information that you seek.

That said you are of course free to engage on your own legal fishing expedition but, apart from telling you that most (not all) criminal records are public and that they are subject to production upon request (pursuant to a demand made under Chapter 119 of the Florida Statutes), I am not prepared to offer up much more information on the process.

Don't take this the wrong way but, after investing a fortune in time, money and effort in becoming an attorney and having spent almost a quarter of a century honing my skills. I am not in the habit of telling people how to defend / research / investigate their case; nor would I recommend that they do so on their own anyhow (please accept as fact that there are solid reasons for Abe Lincoln's age old quote that "he who represents himself has a fool for a client"). Unfortunately "Criminal Defense Preparation 101" is not on my AVVO answer list.

My advise is firm: Hire a lawyer to assist you and it will get done both quickly and correctly.

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.)


Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality. 



Michael A. Haber, Esq. has creatively, effectively and zealously represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 


Michael A. Haber, Esq. is prepared to speak with you about your case!  At Michael A. Haber, P.A. "its all about reasonable doubt"!


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 #PublicRecords #PublicRecordsRequest #Chapter119 #Chapter119Request #Police #Cops #PoliceDepartment #Sheriff #SheriffsDepartment #DeputySheriff #ArrestWarrant 
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