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Q:    What is the process for a first offense burglary?  My 19yr son is being charged with burglary for taking a bike. He and friends went into someone’s backyard and they were home and… Scroll down to read more!

Q:    What is the process for a first offense burglary?  My 19yr son is being charged with burglary for taking a bike. He and friends went into someone’s backyard and they were home and saw the kids and called police. He then got into an argument with the police about them being there and got charged with resisting arrest without violence… Sigh what is the process and what are our next steps? Not a good 5am call….

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Michael Adam Haber

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6 lawyers agreed with this answer

Steven Douglas Knittle
Steven Douglas Knittle
Criminal Defense Attorney – Gulf Breeze, FL
Amir A. Ladan
Amir A. Ladan
Criminal Defense Attorney – Orlando, FL
Majid Vasigh
Majid Vasigh
Criminal Defense Attorney – Tampa, FL
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Alberto Marino Quirantes Jr.
Alberto Marino Quirantes Jr.
Criminal Defense Attorney – Miami, FL
William David Umansky
William David Umansky
Criminal Defense Attorney – Orlando, FL

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Answered If you can then you should hire a private and experienced St. Pete area criminal defense lawyer. The quicker that you do this the faster that a trained professional can begin to negotiate with the State Attorney in an effort to either stave off prosecution or to come up with alternative thereto (perhaps diversion). If you cannot afford a private lawyer hen do not fret, your son will be appointed a PD who will do the same, albeit more slowly. 

If he is out on bod he will have an Arraignment coming up. As I said, it is ideal to have a private lawyer on board before then, but it is not fatal not to. The Arraignment is a perfunctory prcess wherein the State will announce charges, your son will be advised of the same, afforded counsel is he does not then have his own, a plea offer will likely be tendered and he will answer to the charges – AFTER speaking with his lawyer. 

As a 19 y/o first time offender he is in pretty good shape. The resisting charge is troublesome but not fatal to a reasonable resolution. There are many many many sentencing options. I am attaching links to my Avvo Legal Guides on both diversion and sentencing in Florida as they each contain valuable information for you and your son. The diversion guide will inform you of that process and you should note the paragraphs on “Y/O” in the sentencing guide (although I do not think that it will come to that). 

While Avvo (and similar sites) are wonderful sources of generic information it is critical to bear in mind that each case, and each Defendant, is /are different, and as every case is also a fluid experience, there is only so much that any lawyer can tell you about your case on-line; in short there is no substitute for an in person face-to-face consultation. 

Florida has 20 different Judicial Circuits, each of which deals with cases in its own manner. Moreover, each of those Judicial Circuits has a given number of criminal court Judges (each of whom is unique), as well as its own State Attorney’s Office (each of which has its own policies and procedures), and a bunch of Assistant State Attorneys (who, although they operate on guidelines as established by their office, are each sentient and independent persons), and each case has its own set of variables (“free radicals” if you will) all of which combine to make it impossible to predict what will happen in a given case. 

Again, the best advise you are going to get on a given case is to find yourself a local experienced criminal defense attorney (in your case in the St. Pete area), make an appointment, show up on time and bring with you as much relevant paperwork or information as possible. 

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

Pre-Trial intervention / Diversion: What is it and is it right for me?–diversion-what-is-it-and-is-it-right-for-me

Sentencing in Florida: The mathematics, procedures and the realities.–the-mathematics-procedures-and-the-realities
I hope that this has been helpful and wish you 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.)
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.

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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 statementAccordingly, 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 ( ), 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 ( and with my "Webisode" series on YouTube (, 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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