216) What happens at a Stand Your Ground Hearing? ~ Michael A Haber Miami Criminal Defense Lawyer

June 21, 2017 / Michael A. Haber /

Thank you for asking me “What happens at a Stand Your Ground / SYG Hearing?”

If you were arrested but you reasonably believe that you were acting in self-defense – or in defense of others or of property – then your lawyer can make a motion to the Court seeking statutory immunity pursuant to F.S. 776.032(1).

The Motion needs to set forth facts alleging that you properly stood your ground and used force deemed to be reasonable under the circumstances.

A SYG Hearing is essentially a trial before the trial and without a Jury. If you win then the case is over and if you lose then you lose nothing, because you can still use a stand your ground defense at trial in front of a jury, and you are now armed with sworn testimony from the SYG hearing. In this light a loss is almost like a rehearsal because there is no prejudice to you and it only serves to prepare the defense for trial.

At the hearing both sides will call witnesses and present evidence to the Judge. Witnesses will be eye-witnesses, people with first-hand knowledge of the event or people who have something relevant to offer as testimonial evidence. Physical evidence may also be introduced by either side, and a prepared defense team will attempt to show the Court that you acted reasonably by using whatever may exist or be responsibly recreated in your case. For example, sometimes we can have an investigator re-create the conditions as they were just before your arrest.

At the close of the evidence the Judge will make a ruling and determine if your actions were lawful under SYG. If the Court finds that the State failed to prove that your actions were not reasonable under SYG then the Court will grant you immunity from prosecution, effectively telling the State that their case is dead because your actions were lawful and you did not commit a crime.

At Michael A. Haber, PA “it’s all about reasonable doubt”!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
https://criminallaw.miami
E-Mail: [email protected] / [email protected]
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/

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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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