Wednesday, August 23, 2017

Federal Judge Issues Entertaining Order Denying a Government Request for a Continuance so an Agent can watch the Eclipse ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1



Monday's (August 21st, 2017) full solar eclipse was, scientifically speaking, truly a once in a century event...




but it was not significant enough to delay justice, at least not in the Courtroom of United States District Court for the Middle District of Florida Judge Steven Merryday (who is pictured below).




Judge Merryday was assigned the case of United States v. Joseph Bishop (case # 8:17-cr-266-T-23JSS - where the Defendant was set to stand trial on the same day as the eclipse for allegedly unlawfully transporting firearms) and prosecutors filed a Motion seeking to postpone the trial because an essential to the case government witness, a Bureau of Alcohol, Tobacco, Firearms and Explosives Agent, had booked travel plans to see the solar eclipse. 




Judge Merryday denied the government's request, and he did so in a what many lawyers would deem a spectacular fashion, by way of an amusing and witty 3-paged written Order (pictured below) that was issued on Friday, August 18th, 2017.  




Judge Merryday quoted Star Trek, stating that the U.S. Attorney who had filed the Motion "boldly moves (where no AUSA has moved before)".



After explaining that "The solar eclipse is no longer mysterious, supernatural, foreboding or ominous" and that "[a]n eclipse is just another astral event, precisely predictable since the day the Babylonians discovered the governing formula", Judge Merryday opined that "[c]ruel fate has dictated that the August 21 eclipse will occur during the trial of an action in which the agency is a principal participant on behalf of the United States."




Judge Merryday effectively scolded the government by stating that the prosecutor's motion had proposed to "subordinate the time and resources of the court, of the opposing counsel, of the witnesses and of the jurors to one person's aspiration to view a 'total' solar eclipse for no more than two minutes and forty-two seconds."


Judge Merryday's Order cites lyrics from the Carly Simon song "You're So Vain", possibly because the Judge is a fan but more likely because the lyrics include a line about flying to witness an eclipse ("Then you flew your Learjet up to Nova Scotia to see the total eclipse of the sun").




But a significantly more personal message was delivered to the government when Judge Merryday later referred back to the Carly Simon tune writing: "This time, unlike Carly Simon's former suitor [referring to Warren Beatty], whose 'horse, naturally won,' this bettor's horse has - naturally - lost. The motion is DENIED." 




Memo to the Folks:  We who serve in the 3rd branch of government take the law business seriously, but a little levity never hurt anyone. Still, anyone who knows anything about the federal court system (which should include every Assistant United States Attorney) knows that (unlike in State Court, which is traditionally significantly more flexible) all but necessary delays are not tolerated.




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 #Crime #Criminal #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalAttorney #CriminalDefenseAttorney  #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #MiamiCriminalDefenseAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DomesticViolence #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Seal #Sealing #Expunge #Expungement #CriminalRecord #CriminalHistory #Probation #ProbationViolation #VOP #PVH #PO #ViolationOfProbation #ProbationViolationHearing #PSA #PublicServiceAnnouncement #Delay #Continuance #MotionToContinue #MotionForContinuance #SolarEclipse #Eclipse #TotalEclipse #CarlySimon #YoureSoVain #WarrenBeatty #FederalCourt #FederalJudge #JudgeStevenMerryday #USDistrictCourt #MiddleDistrictOfFlorida #CourtOrder #MotionDenied
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Woman Arrested for Burglary w/ Domestic Violence Battery after Breaking into her Ex's House & Pummeling his New Girlfriend ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1



Meet 27 y/o Krystina Joy Rivera of Clearwater, FL.   That's her below, during happy time.....




And here she is, not so happy, after being arrested for occupied residential burglary with a domestic violence battery (which is a non-bondable felony that is punishable by life in prison in Florida)...




According to a Pinellas County Sheriff's Department police report (image below) on June 6th, 2017 Krystina sent a series of text messages to her ex-boyfriend Ronald Koch seeking a booty call. Ron, who is apparently well over and done with Krystina (apparently with good cause), is involved with another woman (who is hopefully not as nuts), Julie Thomas.




At about 5:15 am, apparently frustrated that Ron hadn't responded to any of her multiple texts seeking sex, Krystina left her Clearwater residence and headed over to Ron's St. Petersburg home (pictured below), with the intent to get herself a booty call.




Ron and Julie were awoken by an irate Krystina, who, having entered the home, proceeded to casually walk into the bedroom and then observed the sleeping couple, reportedly, and without first uttering a word, proceeded to repeatedly punch her perceived rival (Julie) in the face, leaving her bloodied and injured.
Naturally, Krystina denied assaulting Julie, claiming that Ron had invited her to his house at 5:15 am.




Memo to Krystina Joy Rivera:  I suggest a new mantra for you....




Memo to Ronald Koch:  I don't know why you and Krystina broke up (or who broke up with who) but in any event, well played.  She is...
Memo to the Folks:  It's a fact of life that many relationships end and, sadly, some not so well.  Do your best to be rational and reasonable but always watch out for exes.  Some folks refuse to accept reality and move on, and that is what restraining orders (and weapons, because, at the end of the day restraining orders are just pieces of paper) are for.  I know that the graphic below is of a woman but it applies just as well to men.  




 For 25+ years 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 #Crime #Criminal #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalAttorney #CriminalDefenseAttorney  #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #MiamiCriminalDefenseAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DomesticViolence #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Seal #Sealing #Expunge #Expungement #CriminalRecord #CriminalHistory #Probation #ProbationViolation #VOP #PVH #PO #ViolationOfProbation #ProbationViolationHearing #PSA #PublicServiceAnnouncement #Battery #DomesticBattery #Burglary #ResidentialBurglary #OccupiedBurglary #LifeFelony #FelonyPunishableByLife #Ex #Exes #BitchesBeCrazy #BootyCall #BreakingAndEntering #BreakAndEnter #JealousEx #Jelly 
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Tuesday, August 22, 2017

"Trump Makes Partying Great Again!" ~ German Police Traffic Stop nets 5k Orange MDMA Pills Shaped like President Trump's Face ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




"Trump makes partying great again!" is a slogan that is reportedly appearing on the"dark net" in regard to the illicit sale of orange colored Ecstacy / MDMA pills that are shaped like President Donald Trump's head and which are allegedly a Dutch-made product.




On Sunday, August 20, 2017, pursuant to what has been called a "random traffic stop", German police seized 5,000 of the orange-colored ecstasy pills shaped like the face of President Trump, and they did so from a father and son duo who were busted smuggling the $46,000.00 stash in a car that they were driving on the A30 Motorway (which links Amsterdam with the German capital of Berlin and the Polish capital of Warsaw and is reportedly often used by drug smugglers and other criminals) in the north-western city of Osnabrück. The mechanics of the seizure are not readily apparent but German police reportedly found the stash of 5,000 ecstasy pills hidden in the car in plastic bags, together with a large amount of cash.
Memo to the Folks:  I know less than nothing about German law but I doubt very seriously that they have the functional equivalent of our (the U.S.) 4th Amendment (protecting folks from unreasonable warrantless searches and seizures).  Here, in the U.S., all things equal, a stop for a traffic infraction (like speeding or an equipment violation) can last only as long as is reasonably necessary for the officer to accomplish the purpose of the stop, meaning that they can run your tag, your DL and the vehicle registration, and they can check for compliance with the requirement that you carry proof of insurance, and then they can write you a ticket, but once all of that is done the lawful detention ends, and if the cops don’t let you promptly go about your business then you may have been unlawfully detained.  But, if, during the course of the detention the officer develops a reasonable suspicion that a crime has been, is being or is about to be committed (like if you were having a clam bake and s/he smells the odor of marijuana emanating from your car) then, you can be further detained, and in the event that the officer has a reasonable and articulable suspicion that drugs are involved then you can be detained until a K-9 arrives (or, as in McNair's case, the cop can take his chances by ordering you out and conducting his own warrantless search). You can watch HaberPA's VideoFAQ / YouTube Webisode on "How long can a Cop keep me on the roadside?" by clicking on the video link below or by clicking here...



Memo to the Folks continued:   The general 4th Amendment rule is that law enforcement needs a warrant to conduct a search, but there are many exceptions to the "warrant requirement".  The best practice (for the cops) is almost always to get a warrant, and, when they don't, then they run a risk that the fruits of their search will be  both declared "poisonous" and suppressed from introduction into evidence (this is called the "exclusionary rule").  If a vehicle search is conducted and containers are found inside of the vehicle (like, for example, a backpack), again, absent an exception to the warrant requirement, the cops cannot open the container without first obtaining a warrant.  So, if I were McNair's lawyer, then this would be my first area of attack in this case.  You can watch HaberPA's VideoFAQ / YouTube Webisode on "What is the Exclusionary Rule and how can the Cops sidestep it?" by clicking on the video link below or by clicking here...






Memo to the Folks continued:   I hope that you will watch some of #HaberPA's other VideoFAQ / Webisodes, that you will enjoy them and that they will be helpful to you.  At present we have 222 Criminal Defense, DUI and BUI VideoFAQ / Webisodes (that we try to keep at about the 2 minute mark) and we are constantly scripting more.  You can subscribe to #HaberPA's VideoFAQ by clicking here...

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 #Crime #Criminal #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalAttorney #CriminalDefenseAttorney  #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #MiamiCriminalDefenseAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DomesticViolence #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Seal #Sealing #Expunge #Expungement #CriminalRecord #CriminalHistory #Probation #ProbationViolation #VOP #PVH #PO #ViolationOfProbation #ProbationViolationHearing #PSA #PublicServiceAnnouncement #Ecstacy #MDMA #Trafficking #DrugTrafficking #TrafficStop #Roadside #Trump #DonaldTrump #PresidentTrump 
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Routine Traffic Stop Leads to Trafficking Arrest after FL Keys Deputy finds 314 grams of Cocaine Hidden in Cookie Monster Doll ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet 39 y/o Camus Lorenzo McNair of Key West, FL.  That's his mug shot below...




McNair was arrested on Wednesday, July 12, 2017 for trafficking in cocaine after the car that he was driving was stopped for having an obscured license plate.  (F.S. 320.061 makes it unlawful, and therefore a legitimate traffic stop, to alter, in any way, your State issued license plate.)   By way of example, in the picture below, and even though license plate frames are considered to be "external" to the plate itself, if the frame obstructs the license plate in a way that prevents the face of the plate from being “clear and distinct” then it violates F.S. 320.061.




Anyhow, when McNair's driver window rolled down Monroe County Deputy Sheriff Orey Swilley states that the smell of marijuana was obvious, thus allegedly proving probable cause for a vehicle search.  



Memo to the Folks:  All things equal, a stop for a traffic infraction (like speeding or an equipment violation) can last only as long as is reasonably necessary for the officer to accomplish the purpose of the stop, meaning that they can run your tag, your DL and the vehicle registration, and they can check for compliance with the requirement that you carry proof of insurance, and then they can write you a ticket, but once all of that is done the lawful detention ends, and if the cops don’t let you promptly go about your business then you may have been unlawfully detained.  But, if, during the course of the detention the officer develops a reasonable suspicion that a crime has been, is being or is about to be committed (like if you were having a clam bake and s/he smells the odor of marijuana emanating from your car) then, you can be further detained, and in the event that the officer has a reasonable and articulable suspicion that drugs are involved then you can be detained until a K-9 arrives (or, as in McNair's case, the cop can take his chances by ordering you out and conducting his own warrantless search). You can watch HaberPA's VideoFAQ / YouTube Webisode on "How long can a Cop keep me on the roadside?" by clicking on the video link below or by clicking here...



Anyhow, back to the story at hand... So during Deputy Swilley's search of the car he discovered a backpack, which he opened, and inside he found a "Cookie Monster doll" which he proceeded to remove from the backpack.



When Deputy Swilley picked up the doll he reportedly believed it to be heavier than expected.  Closer inspection allegedly revealed "a slit cut into the blue Sesame Street doll", and further probing resulted in the retrieval of 2 baggies with a cumulative weight of 314 grams of cocaine that were hidden inside.  



The Monroe County Sheriff's Department would take to Facebook posting the pic above with the caption "Cocaine Hidden in "Cookie Monster"".


Another Memo to the Folks:  The general 4th Amendment rule is that law enforcement needs a warrant to conduct a search, but there are many exceptions to the "warrant requirement".  The best practice (for the cops) is almost always to get a warrant, and, when they don't, then they run a risk that the fruits of their search will be  both declared "poisonous" and suppressed from introduction into evidence (this is called the "exclusionary rule").  If a vehicle search is conducted and containers are found inside of the vehicle (like, for example, a backpack), again, absent an exception to the warrant requirement, the cops cannot open the container without first obtaining a warrant.  So, if I were McNair's lawyer, then this would be my first area of attack in this case.  You can watch HaberPA's VideoFAQ / YouTube Webisode on "What is the Exclusionary Rule and how can the Cops sidestep it?" by clicking on the video link below or by clicking here...



Memo to Camus Lorenzo McNair (and Drug Dealers / Courriers in general):  Not that I am promoting your endeavors (to the contrary, I encourage you not to deal, traffic or move controlled substances and instead to find a legal and productive niche in society...), but, if you are Hell-bent on moving dope then make sure that you don't get popped for something stupid, like an avoidable traffic infraction. 



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 #Crime #Criminal #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalAttorney #CriminalDefenseAttorney  #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #MiamiCriminalDefenseAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DomesticViolence #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Seal #Sealing #Expunge #Expungement #CriminalRecord #CriminalHistory #Probation #ProbationViolation #VOP #PVH #PO #ViolationOfProbation #ProbationViolationHearing #PSA #PublicServiceAnnouncement #Cocaine #CookieMonster #SesameStreet #TrafficStop #ObscuredLicensePlate #Trafficking #DrugTrafficking #TraffickingInCocaine #DrugDealer #Warrant #WarrantlessSearch #PCSearch #ProbableCauseSearch #ExclusionaryRule #4thAmendment 
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