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Q:     As a real estate agent, W-9 independent contractor, am I required to inform my office that I’m on probation?  I live in Broward County Florida, and my PO keeps threatening to call my office… Scroll down to read more!

April 14, 2015 / Michael A. Haber /
Q:     As a real estate agent, W-9 independent contractor, am I required to inform my office that I’m on probation?  I live in Broward County Florida, and my PO keeps threatening to call my office if I don’t tell them. According to the statutes it says I have to inform my “employer” but according to laws on real estate agents, I’m self employed. How does this work?
A:     Chosen as “Best Answer” by Asker!
Locally licensed lawyer

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Answered .  

I have come across this many times. PO’s are required to verify employment. That is a standard condition of probation. And PO’s are, generally, lazy and untrusting, so the simplest and surest way for them to do their job – the path of least resistance – is for them to contact your employer for verification. 


When I have a client who is concerned about being canned when the PO either calls or shows up at work then I take the matter to the Judge BEFORE we sign on for paper. I routinely ask the Judge to order the PO to verify employment by way of pay-stubs, and 99/100 times the Judge agrees and so Orders the PO to stay away from the probationer’s place of employment. (After the fact it may not be quite as simple but the same principals apply – that and the fact that your PO may be the boss of you but the Judge is the boss of your PO.)


The argument is simple: If the PO comes a knocking then the odds are excellent that the probationer will be unemployed, and that does not help anyone. Again, Judge’s understand and generally agree with this simple logic. If regular paystubs stop then a violation can easily be alleged, but so long as they periodically roll in then employment is verified. 


The only time that I have had a Judge take issue with this is when the offense in question relates to the employment (i.e. a theft or embezzlement charge and the client is a bank teller…. things like that). 


Still, on the whole, Judge’s both understand reality and want to see probationers remain employed.  


I have just given you the Rx to remedy yoru problem. A skilled and experienced 954 (or 305 or 561 for that matter) area criminal defense lawyer can get your case calendared as an emergency matter – within a day or 2 – and hopefully walk out of there with the relief that you seek / need.


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.) less

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Asker
Posted about 4 hours ago.
Thank you very much. However I had a public defender that literally just passed the BAR, seemingly by the skin of his teeth. I’m pretty sure had I been able to afford a good lawyer the case would have been thrown out. I signed a consent to search because they didn’t have a warrant and I didn’t want it to affect my girlfriend that I live with, and I have a Rottweiler so they would have shot him had they kicked my door in….I hate Broward County….I think 2 years is a little steep for a first time offense, especially when I’m the one who gave them a case to begin with.
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Posted about 4 hours ago.
Actually now that I look at your profile, I called you about my case lol. I had just gotten my real estate license and had no money at the time…still don’t really.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted about 4 hours ago.
I’m sorry that I could not help you then but I am very glad that I could be of assistance now.   
For what it’s worth, I’d bet that I hate Broward County, FL even worse than you. For nearly a quarter of a century I have avoided that place like the plague. I can count with fingers on both hands the number of times that i have had to personally handle matters in that cesspool.  I am blessed to have a partner who can (and does) tolerate their shenanigans but I simply cannot. Being a criminal defense lawyer is a tough enough calling. Dealing with a** clowns daily makes it unbearable. 
Broward County is the only place that I have practiced law where the cops (each and every jurisdiction in the county) do NOT give the people that they arrest a written statement of probable cause (making it all but impossible to effectively evaluate a case when a client calls) at the time of their arrest.  Oftentimes they don’t even file the paperwork for days on end.  The Clerk of Court’s does NOT set arraignments on the 21st day (as the law requires). Lawyer’s cannot approach Chambers without being physically threatened, and, historically, a ridiculous percentage of their judiciary can’t even manage to keep themselves out of jail.  I could go on and on and on about why Broward is the armpit of the State’s judiciary but I won’t.

If you cannot afford to hire private counsel then scribble a “request for clarification” and call the judges judicial assistant (you can Google the phone number) requesting a hearing. If you do this then please, pretty please, BE RESPECTFULY, PLEASANT, POLITE… in short suck it up and beg and grovel as best you can.  Those Broward JAs are as bad as everything else in that God-forsaken wasteland.

Wishing you the best of luck.

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



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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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