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Domestic Violence / DV / DIP / Domestic Intervention Program / DV Probation / DV Victim / Victim’s Rights / Victim’s Rights Lawyer / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     What does it mean when the domestic violence prosecutor offers 12 month probation?  They have offered 12 months probation because they claim I have priors of drug trafficking. They are confusing me with… Scroll down to read more!

October 29, 2014 / Michael A. Haber /

Q:     What does it mean when the domestic violence prosecutor offers 12 month probation?  They have offered 12 months probation because they claim I have priors of drug trafficking. They are confusing me with someone else. It’s not me. My name is common. My attorney seems slow in his process. What should I expect ? The victim doesn’t want to prosecute. There is no physical evidence it’s argument and she claimed I pulled her hair? Do I have a chance at being dismiss or given pretrial diversion at this point ?

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Michael Adam Haber

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Criminal Defense Attorney – Miami, FL

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Julia Kefalinos
Julia Kefalinos
Criminal Defense Attorney – Miami, FL
Jonathan Perazzo
Jonathan Perazzo
Criminal Defense Attorney – Plantation, FL
Carin Manders Constantine
Carin Manders Constantine
Domestic Violence Lawyer – Palm Harbor, FL
Nick Jay Dorsten
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
Hernan Hernandez
Hernan Hernandez
Criminal Defense Attorney – Miami, FL
Miguel Amador
Miguel Amador
Criminal Defense Attorney – Miami, FL
Christopher Robert Dillingham II
Christopher Robert Dillingham II
Criminal Defense Attorney – Winter Park, FL

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Answered . Domestic Violence (DV) cases also present wrinkles for everyone in the system (the Defendant, the State and the Court), as they almost always involve emotional charged folks who’s lives are either interdependent or interconnected, the potential for repeat or escalated violence is almost always high and there is more often then not the likelihood that a victim will, for whatever reasons, wish not to prosecute the perpetrator. For these reasons, in FL DV cases Defendant’s suffer aggressive prosecution (more aggressive than many other offenses), the State feels obligated to “force” all victim’s to “help themselves” (which serves the dual purpose of covering its own ass in the event of a subsequent violent altercation) and the Court engages in pure self-protection (no Judge wants to read her/his name in the paper as being responsible for “cutting loose” the repeat DV offender who re-injures, more seriously injures or kills a victim when the Court could have acted to prevent the same from occurring).

These are the practical realities of DV cases that we all must live with and it is for these reasons that there is a mandatory 24 hold (a statutorily required cooling-off period) for anyone booked into a FL jail for any DV case and that DV victim’s are afforded special protections, are required to be evaluated (if only by responding officers who have a DV “checklist”) and are required to be provided information about alternatives to returning to “life” with the alleged perpetrator

Fortunately, in many cases, and particularly those where the offense did not result in any serious injury and ultimately amounted to an unfortunate but otherwise understandable incident, there is a way to effect the State’s decision to prosecute. In Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida’s State Constitution) and by statute (see:http://www.flsenate.gov/Laws/Statutes/2011/Chap…). While the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people. s/he is usually an important, if not critical, one to the success of their case.

While no one can control what the State does on behalf of the people, you will increase your odds at achieving a favorable outcome if the victim has her own independent and effective victim’s rights advocate advancing her agenda of not cooperating with the prosecution. You should note that if your Stay Away Order has not been amended to permit for non-violent contact between you and the victim then you should absolutely unequivocally NOT contact her. You should also note that you cannot in any way, shape or form coerce her to act in this regard -it must be the product of her own free will (ergo the necessity for an independent lawyer to represent her). You should further note that issues surrounding your priors (or lack thereof) are properly addressed by your attorney to the SAO. Finally, you should note that PTD is a program which is exclusively owned and operated by the SAO and that they can nether be compelled nor ordered to offer, admit or graduate you thereto from.

Finally, I have been practicing both criminal defense litigation and victim’s right’s representation primarily in Miami-Dade County for 22+ years. If she is interested then the victim is welcome to contact my office for a referral or two, or she can search do a location search here on Avvo or you can search the Florida Association of Criminal Defense Lawyers website by locality (please seehttp://www.facdl.org/ – and click on the “Find A Lawyer” tab).

I hope that this has been helpful and wish you both the best of luck!

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.)

Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, in both State and Federal Courts, in criminal 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.

“Like” Michael A. Haber, Esq. @ www.facebook.com/haberpa / follow Michael A. Haber, Esq. @ 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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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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    July 26, 2017

  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

    Leo Gonzalez Avatar Leo Gonzalez
    April 10, 2017

  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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    April 11, 2016

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