Friday, December 18, 2015

Robbery FAIL! Naked CA Man Attempts to Carjack FedEx Truck but Fails when he Realizes that he Cannot Drive the Vehicle ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet 19 year old Albert Luna.  That's him below....





Albert Luna(tic) was arrested in Coachella, California one (1) day after the police had responded to a carjacking call involving a FedEx delivery truck.





But this wasn't just any carjacking, this one was special.  In fact it was special for two (2) reasons:  1)  Because Albert was buck naked when he tried to steal the vehicle and 2) Because Albert was forced to flee on foot as he could not figure out how to operate the truck.  



The FedEx driver had reportedly pulled over to drop off a package in a residential Coachella neighborhood and had gone to the back of the truck to retrieve it.  While he was out of the driver's seat, Albert, who, inexplicably, was not wearing any clothes, entered the truck and demanded the keys.  The stunned delivery driver handed over the keys and ran to a nearby house where he called police.  Albert reportedly attempted to start the delivery truck but did not know how to operate the vehicle so he abandoned the truck and fled the area on foot.  He was caught the following day.





Memo to the Folks:  Inexplicable.  That is the theme of this article.  I fact checked the story and found it in several credible publications so I believe it to be true, but the "why" of it, any of it, escapes me.  Still, there is always something to be learned and I guess what we can take from this is that one should never try to steal a vehicle that one is not prepared to drive (that and the definition of "inexplicable"...).





At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


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 #FedEx #Carjacking #Robbery #Burglary #Inexplicable 

Florida Woman is Arrested for Robbery at a Subway Restaurant after Telling the Cashier that she did it because her "Kid was Dying" ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet 35 year old Heidi Lynn Smith of Port Charlotte, Florida.  That's her (s)mug shot below...



I'm not sure why Heidi is smiling in that pic as she had just been arrested for robbing a Subway restaurant in Punta Gorda.






Heidi reportedly entered the sandwich shop located on Tamiami Trail just before 8:00 pm and, while ordering food, demanded cash, allegedly telling the cashier:  "You will not be hurt; I have a dying kid. Just give me the cash in the register and you can call the police as soon as I leave."  





Eyewitnesses said that Heidi left the restaurant with the cash, fleeing from the retail complex in a maroon SUV.  It did not take Charlotte County Sheriff's Deputies long to review surveillance footage, identify the blonde robber, arrest Heidi at her home and charge her with robbery and grand theft.  (As an aside, I was unable to find any information as to whether or not Heidi actually has any children, much less one whop is dying.)





Memo to the Folks:  Always assume you are being watched and recorded.  Also, never use your own car, with the license plate which is registered to you, as your get-away car, 





Memo to Heidi Lynn Smith (and the Folks):  Yes, it is nice to smile for the camera, but not in your booking photo.  Also, and just FYI, needing money for your dying kid is not an affirmative defense to robbery.  Just saying...





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 #Theft #Robbery #Subway #GrandTheft #Larceny #GrandLarceny #Surveillance #Sheriff #Deputy #DeputySheriff  #Eyewitnesses #AffirmativeDefenses #GetAwayCar

Married Beverly Hills Jeweler Wakes in Ritzy Hotel after Tryst with 2 Manhattan Hookers to find his $590,000.00 Watch & $6k in Cash Missing ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet 52 y/o Steven Rostovsky, a married, father of three (3) kids Beverly Hills watch retailer.  That's him below...





While in Manhattan on an, er, business trip, Steve found himself partying with two (2), er, women, at the Sapphire Gentlemen's Club.





Steve took his business, and the two (2) women (one caucasian and the other one African-American), back to his suite at Manhattan's snazzy Baccarat Hotel.





Thinking that he was smarter than he apparently is, when he got upstairs to his room Steve, who was carrying more than $6,000.00 in cash (AFTER leaving Sapphire... who know's what kinda coin he dropped in the, er, Gentlemen's Club) put his cash and his $590,000.00 Double Tourbillon 30 Technique watch (it is believed that the watch was a limited edition model cast in rose gold and that only 22 of them were ever made) into the suite's complimentary safe... which he then apparently failed to secure.





And so it was that Steve would enter the bedroom with one of the women while the other one snagged the limited-edition watch and the cash from the safe.  And once Steve had finished with one of the ladies in the bedroom he would report that the white call girl told him that she was going to walk her companion downstairs, and in the meantime they both left the hotel in a BMW convertible.  The NYPD has images of the women from surveillance video and are attempting to use DNA they left on drinking glasses from the room to identify the suspected thieves.





After the fact Steve would go on record saying that  he was so drunk that he couldn't even recall meeting the women.  Steve would tell the New York Post that:  "The truth is, I was drunk. I don't remember...  [The incident] 'was blown out of ­proportion.'  I mean, I'm on the front page of the New York Post... You spoke to my wife. You put it on the front page. I don't know what to say to you."





The strip club's attorney reported that neither of the women worked there and that they had entered the club with Steve.  In the interim Steve's wife, Janine, originally told the Post that only her husband's driver's license had been stolen, but then she reportedly "made herself scarce and was nowhere to be seen at their $2.8 million Bel Air home".





Memo to to Steven Rostovsky:  Be careful.  Be very, very careful...





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 #Theft #Larceny #GrandTheft #GrandLarceny #Hooker #Prostitute #Stripper #StripClub #GentlemensClub #SapphireGentlemensClub #WatchDealer #DoubleTourbillon30Technique #NYPD #BaccaratHotel

Thursday, December 17, 2015

Man is Arrested for Repeat DUI and Judge does not buy his Defense that he did not know that the Jello he had eaten at a Party was Vodka Infused ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1



Meet Mathew Vibert, a New Zealander with a history of drink driving.  That's him below....





Back in the early morning hours of September 7th, 2015 Matt was arrested for repeat DUI with a BAC twice the legal limit.  The arrest came when a McDonald's employee called cops to tell them that a guy in the drive-thru appeared to be intoxicated.  (No, that's not Matt below... it's just an illustration of a different drunken fool at a drive-thru window.)  





Anyhow, when 'ole Matt appeared at the Wellington District Court he reportedly told a judge that he was at a friend's house for a barbecue on the night of September 6th. He claimed that he was at the barbecue for five (5) hours and that during that time he had only consumed two (2) beers.  He testified that he had also eaten two (2) bowls of jello but swore that he was completely unaware that the jello had been made with vodka. 




Not withstanding his "I was not aware of the vodka that I had consumed from the infused jello defense" Matt was convicted of his 3rd DUI.  The conviction came not withstanding testimony from the the man who allegedly made the jello who claimed to have used minimal vodka, a claim which was refuted by a government witness who testified that Matt's BAC was simply too high to be explained by two (2) beers and minimally infused jello.  






In making his ruling the Judge reportedly said that "the only issue that [I have] to decide is whether Vibert had proved, on the balance of probabilities, that there was an element of involuntariness in hsi ingestion of alcohol and that Vibert had otherwise taken reasonable care during the evening."  On that "test" the Judge flatly rejected Matt's claim that he had only consumed two (2) beers, further stating that "It was careless to have the jello without finding out why it was there when no children were present."  Apparently the New Zealand DUI laws are lenient as Matt was reportedly only sentenced on his 3rd DUI to perform 100 hours of community service and was also banned from getting behind the wheel for one year and one day.  



Memo to the Folks:  In Florida a 3rd DUI within 10 years of your last one is a 3rd degree felony punishable by up to five (5) years in state prison and carrying a minimum mandatory thirty (30) day jail sentence.  A 3rd DUI outside of 10 years is a 1st degree misdemeanor punishable by up to 364 days in jail with no minimum mandatory (but note that the State will almost certainly not agree to a plea without jail time and a most Judges will follow suit).  As to Matt's  "I was not aware of the vodka that I had consumed from the infused jello defense", this is what we call "voluntary intoxication" (meaning that, where a specific or particular intent is required for a crime, if proven by the Defendant then a jury could consider whether the Defendant's level of intoxication impaired her/his ability to form the requisite and specific intent to commit the crime), but in 1999 the Florida Legislature abolished this defense (see F.S. 775.051).  




When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  "Don't do it!  Get a DD (Designated Driver), not a DUI".


Be smart{er than  Mathew Vibert}: Don't drink and drive, but, if you do, just say "NO{thing}", don't blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220 or 1-888-SHARK-8-1.


Michael A. Haber, P.A.: Providing creative, effective and zealous criminal defense litigation services primarily in SoFlo 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 #Jello #JelloShots #DUI  #RepeatDUI #DrivingUnderTheInfluence #VoluntaryIntoxication #DWI #DrivingWhileImpaired