Why You Should NEVER, EVER, Speak to the Police without a Criminal Defense Attorney, by 20 y/o Daniel Garcia of Houston, TX Meet 20 y/o Daniel Garcia (yes, that’s his mug shot below…).  If the… Scroll down to read more!

Meet 20 y/o Daniel Garcia (yes, that’s his mug shot below…).  If the articles that I’ve read (which all essentially say the same thing) are even half true, then that right below is the face of “S-t-u-p-i-d” (with a capital “S”).

Why?  Simple:  Because Daniel spoke to the cops and confessed to crimes that they’d’ve had one a hell of a hard time connecting to him, much less proving in a courtroom, had he just simply invoked his rights, shut his yapper and let his lawyer do the talking, and thinking, for him.
So here’s what happened…. Sometime in 2013-14 Daniel’s cell phone, a Galaxy Note 3 (pictured below) was stolen and, in July, 2014 it had made it’s way to a Houston, Texas Pagetel store where an innocent third party (an adult woman) lawfully purchased the phone
The lady had Pagetel employees transfer her data from her old phone to her newly purchased albeit used Samsung and when she got home and scrolled through she was shocked to find multiple images of child pornography in the camera’s photo memory, prompting her to call police.  A cop techie CSI type found hundreds of images of child porn on the phone, including graphic images of children, some as young as four (4) years old, in sexually explicit situations.  Further investigation resulted in a list of prior subscribers, among whom was, yup, you guessed it, Danny-boy.

So the cops show up at his door, unannounced, and seek a discussion.  Mind you this is a discussion that Danny, and anyone in the US of A, is entirely free to fore go, but not our unsung hero.  Danny agrees to speak to the cops and as it turns out he not only speaks to them but he sings, and he does so in a manner worthy of the old Irish ditty… only the ending of Danny’s own personal aria doesn’t have him sitting over another crying about love lost; rather, in this version, Danny goes to prison, where he will make all sorts of new friends and embark on all sorts of adventures, perhaps sparking ditties of his own which will be sung for the ages in his memory…. Frankly, I don’t think that I can get much more sarcastic than that, but the point to be made is that had Danny just shut up then the cops would have had to have proven that he was the one who downloaded the illegal images and that he had knowledge, as opposed to any of the phone’s other prior subscribers.  And given the facts that his phone was reported stolen and that there were other subscribers the cops task in this case just might not have been easy peezy lemon squeezy.

Instead Danny gave himself up to the man on a silver platter, admitting to crimes that went above and beyond that which the cops had on the phone (and, again, might not have been able to connect to him sans his admissions).  Danny admitted to downloading the hundreds of images that were on the phone.  He admitted to viewing and downloading child porn for eight (8) years.  He admitted that he’d been inappropriately touching (we call this “lewd & lascivious molestation in Florida) and eight (8) year old girl since she had been in kindergarten.  In short, thanks to his inability to SFTU Danny was arrested and charged with three (3) counts of possession of child pornography and one (1) count of indecency with a child and is in jail with a $90,000.00 bond.  

I can’t speak to Texas but in Florida Daniel would be facing serving the rest of his life in prison. and, ironically, the best shot at leniency that he would enjoy would come from the undeniable fact that he saved the system time and resources by admitting the offenses and streamlining his own arrest and prosecution.  As a criminal defense lawyer I cannot recommend such a course of action, so, instead, here is my advise:

When it comes to the subject of “Cops, Courts and Constitutions” you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can’t stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


At Michael A. Haber, P.A. “Its all about reasonable doubt”!






THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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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

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    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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