Some Prosecutors need a smack in the head, with a shovel… Take, for instance, Mercer County, NJ’s own Assistant Prosecutor William Fisher… Meet Marcus Hubbard, yes, that’s him below….. Marcus was a passenger in a… Scroll down to read more!

Meet Marcus Hubbard, yes, that’s him below…..

Marcus was a passenger in a vehicle which was occupied by 3 other folks when it was stopped for running a red light.  Cops located both a stolen firearm and a prescription bottle of codeine in the car and, as none of the vehicle’s four occupants admitted to ownership, care, custody, control or were in actual physical possession of the items all four (4) of them were arrested and charged with constructive possession.  So what is the big deal you ask?  Why is this case different from any other? What’s so special about ‘ole Marcus?  Hang on… we’ll get there… I promise.  First, let me explain a little about the legal mechanism known as “constructive possession”.

Possession of anything (a controlled substance, paraphernalia, a firearm… anything) can be proven in many ways, including “constructive” possession. “Constructive” possession essentially means that while you were not in “actual / physical” possession of the item in question, it was in a place over which you either had control or could readily have exercised control of it had you chosen to do so, or that it was in a place where you yourself had secreted or concealed it.  In order to prove constructive possession the State will ultimately not only have to prove that the item was within your control but also that you knew that the item was there.  Now that we know a little about constructive possession let’s talk about Marcus Hubbard and why I wanna smack his prosecutor… in the head… with a shovel.

That Marcus was in the car with a stolen gun and an unclaimed Rx bottle of opioids is not in dispute. Irrespective of what he knew (i.e. regardless of whether he knew that a stolen gun or Rx meds were housed inside of the car), what is in dispute, what is in fact a “factual impossibility”, is that Marcus could have exercised care, custody, control or actual possession of any of those items.  Why? Simple: Because Marcus has no use of his arms.  Marcus suffered a spinal cord injury which renders his arms useless. He cannot move them.  He cannot use them.  He cannot do anything with them except “dangle”.
Yes, yes yes.  I know.  People do incredible things without the use of limbs.  Take for instance this guy….
But Marcus isn’t that guy.  I don’t care how dexterous he may be, it is simply preposterous to assert, on any rational level, that Marcus could have MEANINGFULLY exercised  care, custody, control or actual possession of either a firearm or a pill canister.  Yet he has sat in jail in Trenton, NJ for four (4) months on these ridiculous charges because his prosecutor, a one William Fisher, stated that “The police reports do seem to confirm that this defendant has no use of his hands but I would disagree that that doesn’t mean necessarily that he can’t be guilty of a crime”.  Um, where exactly is that shovel?
And wtf is wrong with the Judge?  Props for reducing the bond (from $100,000.00 to $35,000.00) but seriously?  You know what?  Jersey…. You can have it.  All of it.  And this stink bomb as well….
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!

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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 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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