Michael A. Haber, P.A., Miami, FL (2026)

is a South Florida based "boutique" Criminal Defense Litigation practice which focuses on securing acquittals in a range of Criminal Cases from Misdemeanors to Murder and from Traffic to Trafficking, both on land (e.g.

06/02/2026

PSA of the Day, but first a few definitions:.

- "Disagreement" (n.) "a lack of consensus or approval".

- "Argument" (n.)"an exchange of diverging or opposite views, typically a heated or angry one" or "a reason or set of reasons given with the aim of persuading others that an action or idea is right or wrong" (it's this second definition that we'll focus upon).

- "Argue" (v.) "give reasons or cite evidence in support of an idea, action, or theory, typically with the aim of persuading others to share one's view" or to "exchange or express diverging or opposite views, typically in a heated or angry way" (it's also the second definition of the verb that we'll focus upon).

- "Fight" (n.) "a violent confrontation or struggle"; (v.) "taking part in a violent struggle involving the exchange of physical blows or the use of weapons".

[Bad pun warning:] While one could argue that an "argument" is nothing more than a "disagreement" one would be wrong. I could prove this by painstakingly going through the key steps of the "argumentation process" (e.g. "signal, state, support and summarize", or, if you prefer, then "claim, state, support, prove", or "summarize, claim, present evidence, refute, evaluate", etcetera) but these PSA's are wordy enough so I'll simply state that while most every argument stems from some difference of opinion (i.e. a "disagreement") due to the inclusion of adverse emotions and actions "arguments" differ from "disagreements". (Note that with most arguments actions are typically limited to uttering words, as if it goes beyond words and becomes physical then the "argument" is "fight").

When we "disagree" we simple diverge on some point but when we "argue" about the same point negative emotion and behavior (e.g. accusations, defensiveness, blame, anger, tears, alienation, threats, ultimatums, etc.) tend to surface. Although not every argument necessarily involves antagonism, lack of respect and tolerance by one for another's point of view distinguishes a disagreement from an argument. Apropos of this PSA and with particular regard to a "Miami argument", the difference between an "argument" and a "fight" is that in the latter (a fight) there's a coupling of words with some form of physicality, usually involving some act of violence; but there's another difference, and to explain it I'll enlist the help of my old pal Niccolò Machiavelli.

Niccolò di Bernardo dei Machiavelli (better known as "Machiavelli") was an Italian diplomat, author, philosopher and historian who lived during The Renaissance. Often referred to as "the father of modern political philosophy and political science" he's best known for his political treatise "The Prince" (which was written in 1513 but wasn't published until 1532). "The Prince" remains significant and famous today as a broad spectrum educational platform for world rulers to learn how to govern, including ideals which leaders must possess in order to be successful, perhaps the most famous (infamous?) of which is the idea that "the ends justify the means”. (Aside alert: While Machiavelli never penned those precise words the alleged quote is extrapolated from far more complex language contained in "The Prince", particularly the idea espoused by Machiavelli that virtually any action or behavior taken by a leader is acceptable provided that it results in the leader's desired outcome).

I brought Machiavelli into this because "the end" which one seeks is the second distinguishing characteristic between an argument and a fight (stated more simply: "One argues to achieve agreement whereas one fights to win.") but to further illustrate this point I'll also employ a quote from Sean Connery's character Jim Malone from "The Untouchables", to wit: "They pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue. THAT’S the Chicago way! And that’s how you get Capone." (feel free to watch the clip @ https://www.youtube.com/watch?v=cjOPLTTjnwc ).

Tying it all together, again apropos of this PSA and with particular regard to the "Miami argument", the MEME below is cute but far from accurate as here in The 305 while yelling and violent hand waives are predictable (as is name-calling, allegations of allegiance to the Castro Regime, "Che" Guevara, etcetera) rarely does such a confrontation end in the parties sharing a "Cafecito". It's far more common for one Miamian or the other to produce a weapon (usually a firearm or machete) in an effort to "end" the beef, and to do so with prejudice (e.g. to make Machiavelli proud by "winning" via whatever means are necessary). It's for this reason that we see all too many "Barroom Brawls", "Fisticuffs", more than our fair share of incidents of "Road Rage", boundless escalations of "normal" domestic disagreements into acts of Domestic Violence, and so on, ad nauseum.

Earlier on I stated that it's a "lack of respect and tolerance by one for another's point of view distinguishes a disagreement from an argument" but the same statement can be made with regard to differentiating arguments from fights.

I'm old enough to remember when folks could agree to disagree about damn near anything (including politics), where families could enjoy meals, holidays, events or special occasions together not withstanding stark contrasts in opinion on any of a variety of subjects (again including politics) and where friends could remain friends not withstanding polarized positions on significant matters; sadly those days seem to have vanished in favor of an "it's my way or the highway" (best case) or "if you don't share my view then I must destroy / cancel / kill you" (worst case) scenario.

One can only hope that at some point society's "devolution" from reason and rationality will revert back to one that's full of common sense, courtesy and tolerance, but in order for that to happen we must all recognize that no matter how passionately we may feel about "X", discussion is more productive than argument, and argument is far more civilized than fighting. Until then s**t will continue to happen and will continue to offer suggestions to reduce the odds of that s**t happening to you, for example:

- Mind-altering substances do just that (i.e. they alter the mind) and "good" things almost never come from being banged up in public; so if you've had one too many or if the interaction of alcohol and controlled substances goes south then get home safely and stat.

- If you're asked to leave a place (any place, any time and for any reason) then just leave as a disagreement can't become either an argument or a fight if you're gone.

- Regardless of the "why" of it and whether you're "right or wrong", if you find yourself in a disagreement, much less an argument with anyone, anywhere and under any circumstances then take the high (and safe) road and just walk away.

- If you're threated and have a weapon but there's a safe means of escape then opt to G**O rather than SYG (i.e. choose to safely flee rather than to fight).

- Know that "you are you but everyone else is someone too" (take that Dr. Seuss...), so what's patently "right" to you may not jibe with another's though process. If we're to coexist in a civilized, humane fashion then we must each acknowledge that the rights of others don't end where our own begin (and vise verse), that we're capable of disagreeing without arguing, of arguing without fighting and in any event if we choose then we can always sit down together and enjoy a "Cafecito".

Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending will not only reflect well on you but will provide the client with unwavering, relentless, honest advocacy.

Established in 1991 and with no history whatsoever of any form of professional discipline, is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished, time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous , , , , , , , , , and and representation to it's clientele, primarily in , on matters ranging from DUI to and from to .

At "it's all about "!

YT: www.youtube.com/c/MichaelHaberLaw
FB: www.facebook.com/Miami.Criminal.Lawyer
X: www.twitter.com/Sharky910
URL: www.criminallaw.miami
E-Mail: [email protected]
Toll Free: 1-888-SHARK-8-1
Cell: 305-798-2220

06/01/2026

PSA of the Day (and prayer for a safe Hurricane Season) starting with a rhetoric question, to wit: What do people think of when one mentions Florida?

Varying from person to person popular thoughts include: Gators (reptile and Gainesville), oranges (in my youth Anita Bryant), flip flops (beach wear), Key Lime Pie, The Florida Keys Jimmy Buffet (who's not from FL - he's from Pascagoula, Mississippi - but who's music makes one think of beaches and boats, which are also characteristics of The Sunshine State), salt air, Manatees, Dolphins (bottle-nosed and gridiron), Mickey Mouse and 407 area theme parks, mosquitoes, palm trees, rain, and yes, Hurricanes.

Hurricanes, a/k/a "Caribbean Tropical Cyclones" are storm systems characterized by low-pressure center, closed low-level atmospheric circulation, strong wind, a spiral arrangement of thunderstorms that produce heavy rain and squalls that rapidly rotate in a counter-clockwise direction which, if you're in their path, simply suck. They form over large bodies of warm water, derive energy from ocean surface evaporation (which condenses into clouds and rain as moist air rises and cools to saturation) and warm ocean waters are their primary energy source. Scientifically stated: "The conservation of angular momentum imparted by the Earth's rotation as air flows inwards toward the axis of rotation is the source of a hurricane's strong rotating winds", and, again they suck (and not just heat from tropical waters to fuel their fury). The "apex" of the annual "hurricane season" is September 10th (which happens to be my birthday) but the season itself starts today, June 1st, and ends on November 30th.

The "Saffir-Simpson Hurricane Wind Scale" is a "1 to 5" (lowest to highest) rating system that's based upon a hurricane's sustained wind speed. Cat-1 Hurricanes have sustained winds of 74 - 95 mph, expect a storm surge of 4-5' and are considered to be "minimal". Cat-2 Hurricanes have sustained winds of 96 - 110 mph, expect a storm surge of 6-8' and are considered to be "moderate". Cat-3 Hurricanes have sustained winds of 111 - 130 mph, expect a storm surge of 9-12' and are considered to be "extensive". Cat-4 Hurricanes have sustained winds of 131 - 155 mph, expect a storm surge of 13-185' and are considered to be "extreme". Cat-5 Hurricanes have sustained winds of 156+ mph, expect a storm surge of 18+' and are considered to be "catastrophic". That said Cat-3 and higher are all considered to be "Major Hurricanes" because of their potential for significant loss of life and damage.

When a tropical cyclone bears down government is quick to remind you to "have a plan" (i.e. evacuate, safely shelter, gather provisions, secure pets and property, etcetera), but what they don't say (and which I'll say) is: "yeah, do all that, and then some...". It's wise to think "big picture" and your pre-impact focus should be on danger to life (human, animal, pets, crops, foliage, etcetera) and property. However, for days before a hurricane may hit there's another axiomatic hurricane, to wit: the non-stop news cycle fueled by the media's endless need for ratings, sponsorship, viewership and the alluring opportunity for profit. It's a proverbial "goofy loop" where, just as tropical cyclones feed on warm ocean water, humans feed upon incessant news. Making matters worse is that as businesses churn out massive amounts of water, booze, canned goods, batteries, gas, and other "hurricane essentials" consumers are encouraged to gorge, all of which lends itself to fear, panic, mistakes and, yes, crime. Above the many natural dangers from a meteorological hazard the last thing that anyone needs is to either be a Crime Victim or Arrested for any of those Criminal Acts which traditionally tend to spike during hurricanes.

Before landfall there's a risk of "Price Gouging" (i.e. per F.S. 501.160 during a state of emergency, "it is unlawful to rent, sell, lease, offer to rent, sell, or lease essential commodities, dwelling units, or self-storage facilities at an unconscionable price"); and there's a bevvy of "routine" mid and post storm property based crimes such as Burglary, Looting / Theft and Malicious Mischief (i.e. the willful destruction of property). These offense tend to spike while law-abiding home and business owners deal with Hurricanes and their less honest counterparts can (and do) take advantage of that opportunity to break into homes and stores to Vandalize or Steal. As to violent crimes, at least one study (from The University of Southern Mississippi after Hurricane Katrina) has determined that Aggravated Assaults and Fi****ms Offenses, especially shootings, increase during Hurricanes, while Murder, R**e, and Robbery tend to decline.

If you're in the path of a Hurricane (most especially a "major" one) then secure your property, your pets and have a plan to G**O of there. If you're determined to stay then have plenty of food, water, batteries and patience as these storms are stressful, when folks are cooped up in stressful situations passions easily boil over and that can lead to bad things (e.g. acts of Domestic Violence). Driving during a Hurricane is perilous so bunker down and remember that at some point you'll be on your own as Emergency Services and First Responders will be grounded, so having medications and other essential supplies at hand is critical. Even after the storm staying put is important as dangers, both natural (e.g. wind, lightening, wind-blown projectiles, etcetera) and unnatural (e.g. downed, latent power lines, etcetera), exist. Protecting yourself, your loved ones and your property is paramount but remember that weapons, especially guns, can be recklessly, negligently or inadvertently wielded just easily as they can be used prudently, intentionally and defensively. Know that you can easily be stuck in the relentless heat and humidity of a Florida Summer without power (e.g. no refrigerator or air conditioning) and here too passions can easily boil over, leading to bad things.

This year, 2026, National Weather Service forecasters predict a 10% chance for an above-normal, 35% chance for near-normal and 55% chance for below-normal season. NOAA forecasts 8 to 14 "named storms" (note "names storms" need not be Hurricanes and include "Tropical Storms" with winds of 39 mph or higher), of those "named storms", 3 - 6 are forecast to become Hurricanes, including 1 - 3 being "Major Hurricanes". So, if you plan on "Ridin' the Storm Out" (aside alert: the REO Speedwagon tune contemplated a "white out" not a hurricane, ergo the hyrics "Ridin' the storm out, waitin' for the thaw out on a full moon night in the Rocky Mountain winter, my wine bottle's low, watching for the snow, thinkin' about what I've been missin' in the city") then hurricane parties and jokes aside, remember that these storms are serious matters meriting genuine care and concern.

Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the Criminal Justice System then you can rest assured that either retaining or recommending will not only reflect well on you but will provide the client with unwavering, relentless, honest advocacy.

Established in 1991 and with no history whatsoever of any form of professional discipline, is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished, time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous , , , , , , , , , and and representation to it's clientele, primarily in , on matters ranging from DUI to and from to .

At "it's all about "!

YT: www.youtube.com/c/MichaelHaberLaw
FB: www.facebook.com/Miami.Criminal.Lawyer
X: www.twitter.com/Sharky910
URL: www.criminallaw.miami
E-Mail: [email protected]
Toll Free: 1-888-SHARK-8-1
Cell: 305-798-2220

05/29/2026

PSA of the Day (which, while an excellent PSA, applies equally, every day)!

As a forward to the MEME below I say: "Res Ipsa Loquitur" (i.e. Latin for "the thing speaks for itself") and ask the following questions:

Could "Surprise S*x" behind bars be your reality? How would that come to pass? What can you do to avoid it? Do you want to avoid it? Before I answer those questions please accept this universal truth: It's both a factual impossibility and a legally impossibility to be in Jail or Prison without first being Arrested, and in order to justify an Arrest a Police Officer must have Probable Cause that you committed a crime. That said:

- Could "Surprise S*x" behind bars be your reality? For most folks the answer is "yes".

- "How would that come to pass?" In order to be possible you'd have to be in Jail or Prison, and in order for that to happen you have to be Arrested and or convicted and sentenced.

- "What can you do to avoid it?" Flashing back to the 1970's and quoting Morgan Ames and Dave Grusin, who wrote the lyrics to "Keep Your Eye on the Sparrow" which was the theme song for Robert Blake's Police Drama "Baretta": "Don't do the crime if you can't do the time".

- Do you want to avoid it?" never "judges" our clients or prospective clients so I leave this answer entirely to you.

Rhetoric questions and axiomatic answers now behind let's discuss "The Criminal Process" and as we run through it I'll explain how can help.

There are times when citizens do nothing "wrong" yet get Arrested (e.g. legit cases of"Mistaken Identity", falling prey to the "The Three Wrongs" - i.e. being in the wrong place at the wrong time and coming into contact with the wrong Cop, etcetera) and for those folks that situation sucks even worse than it does for those who're "rightfully arrested". Whether your arrest is right or wrong, legal or illegal, constitutional or unconstitutional once you've been 'cuffed, stuffed into a Squad Car, Perp-Walked through a Sally Port into a Jail, booked and caged you'll remain in said cage until you Post Bond or are granted some other form of Pretrial Release (e.g. Pretrial Services), and in between those times (i.e. while you await release) "surprises" may happen.

Some Crimes require a mandatory Court Appearance before you can be released (e.g. any 2nd Degree Felony or higher Felony and all Domestic Violence cases, Misdemeanors included), some come with an unavoidable "Cooling Off" period (e.g. DV and DUI) and some offenders won't be released until an underlying issue is resolved (e.g. those on Probation, with a preexisting bond, with a Warrant, etcetera). No matter the circumstances if you're in Pretrial Detention then you're subject to "surprises". Further, as each and every Criminal Case comes with possibility of a Jail or Prison term, even when on PTR the potential for future "surprises" exist.

won't post your bond but if you don't have a Bondsman / Bondswoman then we'll put you or your people in touch with a responsible, reliable Surety and if you have a mandatory appearance then we'll be there for you, serving as your personal, proverbial "Excalibur" in Bond Court. (Aside alert: If you're one of those folks who "don't want to avoid it" then you can save yourself time and money by refusing PTR, enjoying several weeks of potential "surprises" and then enter a Guilty Plea at Arraignment.)

Pleading "Not Guilty" and fighting Criminal Charges comes with different "surprises", to wit: unavoidable "free radicals / variables". While these are naturally amorphous and unpredictable the more skilled and experienced your Criminal Defense Lawyer the better the odds of both avoiding pitfalls and exploiting such surprises. Examples are the unique facts and circumstances of your case, you yourself, your Criminal History, your Crime Victim, your Prosecutor and Judge, the evidence that the State and Defense respectively seek to enter, exclude and what's ultimately admitted. engages in a comprehensive analysis of such matters with potential clients before we choose a litigation objective and quote a fair fee to accomplish our agreed goal. After that and through the course of your case, like General Baden Powell (who's credited for creating the Boy Scouts Motto "Be Prepared") and Allister Mad-Eye Moody (an Auror drawn from the mind of J.K. Rowling in the Harry Potter universe who's motto was "Constant Vigilance"), "expects the unexpected" and adapts everything except our Legal Fee (which is guaranteed in our written Retainer Agreement) accordingly.

No lawyer can reverse time, change history or undo any preexisting, self-inflicted damage caused by you (e.g. Incriminating Statements, self-damaging behaviors, etcetera) but we should all do the following three things: First, offer prospective advise hoping to deter the act and concurrently reducing the damage should you commit the act and get caught; second, highlighting and curing Police Misconduct; and finally ensuring that no matter what may have occurred before you hired your lawyer from that moment forward you're afforded Due Process of Law. As to each:

- " " is 's modified acronym / catchphrase which stands for "Shut-Up and Lawyer-Up". It's intended as a simple way for you to remember to invoke both The 5th and The 6th. This is rock solid advise but it assumes that you're already mano-a-mano with The PoPo and are at least arguably subject to Arrest. Examples of proactive advise to avoid facing off with Officer Unfriendly are: Don't drink and drive or captain a vessel, leave your fi****ms and weapons at home (especially if you're drinking, doping or getting cross-faded), avoid arguments and fights (it's often a better choice to **O than to ), if asked to leave a place then just freaking leave (it's far better to walk away than to be escorted out), never (ever) argue with the Cops, if they want to arrest you then just let it happen and, again, should things go south then and call , stat!

- While some are more effective than others any Criminal Lawyer should be able to identify and extricate you from actual, provable constitutional, procedural or substantive Police Violations via a Motion to Suppress, Motion to Dismiss, a Stand Your Ground Motion seeking Statutory Immunity or some other dispositive mechanism, but when Police play things "by the book" (i.e. where there's no "bad" act by The PoPo) then your lawyer has to work with whatever you left in your own wake, tapping into her / his creative talent. firmly subscribes to Albert Einstein's belief that "Imagination is more important than knowledge. Knowledge is limited. Imagination encircles the world."; more importantly I take pride in my use of creativity and imagination in preparing a defense in a seemingly defenseless case.

- Criminal Counsel's primary role is to ensure Due Process until the case closes (e.g. we're sworn to protect you from State Witnesses, your Prosecutor, Judge, Jury and individual Jurors) and as such your lawyer has to have both the guts to call them out in real time and the smarts to preserve the record for appeal. We must concurrently challenge all forms of State Evidence be it Testimonial Evidence (i.e. words under oath from the Witness Stand), Physical Evidence (e.g. DNA, Fingerprints, Controlled Substances), Digital Evidence (e.g. photographs, videos) Electronic Evidence (e.g. "mined" data from a cell phone, computer, etcetera) and your lawyer must be able to ethically spin, exploit, explain, minimize, contradict, cause confusion about or seek to suppress all State Evidence. In this capacity (and risking self-aggrandizement) once again my 34+ years of Criminal Defense Litigation experience allows me to strategically wield the Rules of Evidence, tactically manipulate the Rules of Criminal Procedure, take advantage of any Loophole / Technicality that may inure to your benefit and ethically employ guile to accomplish your goal.

This last point (i.e. Evidence, Rules, Loopholes and Technicalities) is critical as while many things can be self-taught mastery of the Evidence Code and "CrimPro" Rules, potent Cross-Examination, negotiating favorable Plea Bargains and competently conducting Voir Dire / Jury Selection (a/k/a "Jury Deselection") don't fall within that category. There are plenty of "so called" Criminal Lawyers who fraudulently hold themselves out to be "experts" and while they "talk the talk" (i.e. have impressive websites or offices) they either can't or won't "walk the walk". Be it due to laziness, greed, incompetence or other reason, rather than doing that which I consistently do (i.e. putting forth an all out effort at moving Heaven and Earth to secure your goal and restore your good name) these "snake-oil-salesmen" will bleed you for a fee and then seem to go all-in but in reality instead of trying to beat the case they'll try to "force a plea while they take your fee".

Referring back to those "free radicals / variables" for which your lawyer must always BOLO / "Be on the Lookout" - but equally applicable to wielding and manipulating Rules, taking advantage of Loopholes (i.e. "ambiguities or inadequacies in the law or a set of rules") and Technicalities (i.e. "points of law or small details of a set of rules") - you can count on their existence. When it comes to you can also count on the facts that I anticipate and appreciate these oddities, I'm laser focused on litigation tactics, I've learned many a trick, technique and trade-secret during my extensive career and I'm eager to employ my proficiency to your benefit.

If you entrust with your case and your liberty then there'll be no "surprises" as I'm easily reachable by phone, email or on the internet, I engage in open, honest, direct and frequent communication, I take the time to come to understand you and your situation and then take a "Global Approach" to you and your case, adopting your interests as my own and seeking your positive Client Review at the conclusion of your case (which I can only earn by performing as expected and promised).

You don't need to, nor should you, take my word about any of this; rather please read any of our hundreds of 5-Star Client Reviews at: https://www.avvo.com/attorneys/authorized/33181-fl-michael-haber-1281525

Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending will not only reflect well on you but will provide the client with unwavering, relentless, honest advocacy.

Established in 1991 and with no history whatsoever of any form of professional discipline, is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished, time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous , , , , , , , , , and and representation to it's clientele, primarily in , on matters ranging from DUI to and from to .

At "it's all about "!

YT: www.youtube.com/c/MichaelHaberLaw
FB: www.facebook.com/Miami.Criminal.Lawyer
X: www.twitter.com/Sharky910
URL: www.criminallaw.miami
E-Mail: [email protected]
Toll Free: 1-888-SHARK-8-1
Cell: 305-798-2220

05/28/2026

PSA of the Day!

I've discussed Probable Cause before and following yesterday's "Boating Safety" PSA I'll stick with the same theme today, albeit with a spin using the image below to discuss PC.

"Probable Cause" is a legal term for the 4th Amendment standard required to constitutionally justify searches and seizures. As a legal burden it's far less than that required to convict (i.e. BARD / Proof "Beyond a Reasonable Doubt"), but it's also far more than a hunch, a feeling or a suspicion (i.e. a Cop's "Spidey Sense / Peter Tingle"). A generally accepted definition of PC is that it's "sufficient reason based upon known facts which lead to a reasonable conclusion that a specific person has committed a distinct criminal act", but it's not that simple. As with with many legal terms and concepts (e.g. Self-Defense, Entrapment, etcetera), PC has two components, one subjective and the other objective.

- Subjective: Noting that a Law Enforcement Officer can discuss the situation with others (e.g. fellow Cops, a Supervisor, Prosecutor or Judge) a Police Officer's subjective "PC calculus" is an introspective determination made in both real time and the moment. No matter what happens later (i.e. whether the judgment call is later proven right or wrong) if Officer Friendly believes that s/he has PC to arrest you for "crime X" then you can and likely will be 'cuffed, stuffed into a squad car, perp-walked through a Sally Port into a Jail, booked, caged, released and then having to go out of pocket to Post Bond, retain counsel and spend weeks, months or even years challenging your Arresting Officer's decision.

- Objective: Every subjective Police PC conclusion is subsequently and (allegedly) objectively scrutinized. In The State of Florida if you're taken into custody then this must happen within 24 hours at your "Initial Appearance" by a Judge who's tasked with making a hindsight determination as to whether or not the Cop's PC calculus was correct. If you're issued a Promise to Appear / Notice to Appear then this determination will be made later but in either event and at any time either a Prosecutor or your Criminal Defense Lawyer can challenge "Police math".

Sticking with math, noting that in 34+ years I'm yet to meet a Cop with a degree in Mathematics and while a tiny percent of "Bad Cops" will intently miscalculate, it's not uncommon for a Police Officer to inadvertently miscalculate PC. Be due to mistake, poor use of logic or otherwise, PC to arrest Citizen X can reasonably appear to exist in the moment even if no crime was committed (otherwise stated, an arrest can be valid as long as it is based on PC even if the arrestee is later determined to have been not guilty), taking us to discuss the image below.

Imagine that you're a Policeman who either observes the scene below or is presented with this photo pursuant to a missing person's report or a disputed insurance claim. With regard to a missing person what if you knew that the vessel's owner had a disgruntled spouse or business partner who mysteriously and inexplicably went missing and the very day before that person's disappearance this image was captured on the marina's surveillance system? With regard to an insurance claim what if you knew that this photo (bad pun warning) surfaced during the claims process? In both instances the combination of suspicious facts (especially if coupled with motive, for instance allegations of extortion or proof of concurrent purchase of the materials and electronic evidence linking the owner to the location) might lead a reasonably prudent Police Officer to conclude that PC to arrest exists.

That said many possible innocent explanations exist for one having a bevvy of cinder blocks and concrete mix solution on a vessel. For instance, the owner may have planned to scuttle the boat to create an artificial reef, or s/he might have planned to move building supplies from "Point A" to "Point B", or the vessel may have been used as a temporary storage facility, or maybe the vessel's owner had no idea how, why or that these supplies were aboard.

The point is that what a Cop sees, coupled with her / his training and experience plus "other facts or inferences that support a logical conclusion", even if any or all of the same are later proven false, can be enough to justify your arrest. (Another point is that while can no more stop you from engaging in criminality than can we prevent a given Cop from arresting you we can arm you with information designed to assist you in your thought processes both before and after the fact, such as remembering to - i.e. "Shut-Up and Lawyer-Up" / invoke both The 5th and The 6th).

Getting arrested sucks but handicapping your Defense Lawyer by forcing her / him to defend your Incriminating Statements sucks even worse (for both you ad your lawyer). You can't control what Officer Unfriendly claims but you can control what you say (e.g. you can add substance to the "Cop Calculus" or you can **U and add nothing) and the less The PoPo have on you the better the chance that your lawyer can successfully challenge their PC math, be it at your Bond Hearing, in discussions with The State, via motion to the Court or in argument to a Jury.

Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending will not only reflect well on you but will provide the client with unwavering, relentless, honest advocacy.

Established in 1991 and with no history whatsoever of any form of professional discipline, is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished, time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous , , , , , , , , , and and representation to it's clientele, primarily in , on matters ranging from DUI to and from to .

At "it's all about "!

YT: www.youtube.com/c/MichaelHaberLaw
FB: www.facebook.com/Miami.Criminal.Lawyer
X: www.twitter.com/Sharky910
URL: www.criminallaw.miami
E-Mail: [email protected]
Toll Free: 1-888-SHARK-8-1
Cell: 305-798-2220

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Miami, FL
33125

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+13057982220

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http://www.criminallaw.miami/, http://www.youtube.com/c/michaelhaberlaw, https://www.avvo.com/attorneys/33181-fl-michael

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