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Q:  I was arrested for LEWD OR LASCIVIOUS ACT – SEXUAL BATTERY in Florida and the Department of children families did investigations on the words of my step grandchild i was offered a plea of agg… Scroll down to read more!

Q:  I was arrested for LEWD OR LASCIVIOUS ACT – SEXUAL BATTERY in Florida and the Department of children families did investigations on the words of my step grandchild i was offered a plea of agg assualt with the intent to comit a felony if i dont take the plea could i be charge for the sexual batter charge and also durning the investigation there mother stated that someone might influence the kids to say so should i take it to trail and to be known the public offered that is taking my case always taking a plea offers never been to trail for no reason seem to me he is working for the states attorney i never been to jail or touch a kid in my life i just dont know what to do this is my life and scared to death i will not get a fair trail on hear say evidence.


A:  You will get as fair a trial as your criminal defense lawyer can arrange.

The sad truth is that innocent folks get railroaded, even “on hearsay” without corroborating evidence. Sometimes, as it appears in your circumstances from your limited proffer, the stakes are so high that a plea to a reduced charge is the most prudent course of action. However, no cyber-lawyer (someone like me, who is on a computer operating on extremely limited information) can responsibly advise you as to whether or not you should take a plea or proceed to trial.

If you are facing felony charges then you have a lawyer. Your lawyer, whether public or private, needs to take whatever time and effort is necessary to view and challenge the State’s evidence against you (hearsay and otherwise) and then compare and weigh the same against the relative strengths and weaknesses of the defense case. This takes skill and effort, and most importantly, time.

I understand your aggravation and frustration but you are best advised to expend your resources on assisting your lawyer to prepare a meaningful and effective defense as opposed to seeking answers online from folks who are essentially incompetent to advise you in your case.

You may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case, I do not know and the forum to find out is NOT on line; rather it is in the sanctity of attorney’s offices, where your statements are privileged and cannot be used against you.

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.) 

For more than 23 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!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Follow Michael A. Haber, P.A. on Facebook by going to the following link and clicking the “Like” button:  www.facebook.com/haberpa


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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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