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Q:     Can a law enforcement agency deny you a job for having drugs on you but the case was dismissed?  I was applying to a county job for BSO and I was denied due… Scroll down to read more!

Q:     Can a law enforcement agency deny you a job for having drugs on you but the case was dismissed?  I was applying to a county job for BSO and I was denied due to having admitting that I did have drugs on me (marijuana and xanax) but the case was later dismissed. What can I do?



A:   Chosen as “Best Answer” by Asker!


Answered This is not a criminal defense question; it is an employment law question. Regardless no one can tell you what a potential employer will or will not do. Florida is an “at will” employment state, meaning that, absent an employment contract, you can be hired or fired for any reason or for no reason, so long as it is not for an illegal reason (i.e. race, sex, etc). So, yes, you can NOT be hired even though your case was dismissed,

What you can do is to keep trying, and don’t start lying. Some departments will forgive honest folks who made stupid mistakes but you will NEVER get hired by any police / law enforcement agency WHEN (not “if”, because they will) find out about your past.

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.) less
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Asker
Posted about 3 hours ago.
I was completely honest, the HR asked me police reports, dispositions, and written statement. I was very transparent on what was asked and I did it. But I feel like BSO HR is convicting for a crime that I was not convicted of. First I was told that it was up to the supervisor discretion to see when I can proceed the hiring process. Now, I am told that I cannot be hired based on their procedures. I would like to know what procedures, policies and guidelines that HR is using to process applicants.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted about an hour ago.
You are free to make a public records request for BSO’s hiring practices but in the end it will not matter. Under Florida law they (as is the case with any employer) are not required to hire you and can refuse to do so without having to explain themselves.

I am not an employment lawyer but I am comfortable going out on a limb and saying that you have no right to be hired by BSO or anyone else in the State of Florida. As I said earlier, the only “right” that you have when it comes to employment is not to be denied a job based on an illegal reason (i.e. race, sex, etc).

Established in 1991, Michael A. Haber, P.A. has an unblemished record of providing creative, effective and zealous representation to clients, primarily in South Florida, on a wide variety of criminal matters 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 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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12555 Biscayne Boulevard, # 893
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  • 5 star review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

    DrNetta Shaked Avatar DrNetta Shaked
    July 26, 2017
  • 5 star 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
  • 5 star review  Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

    Chiko Sarri Avatar Chiko Sarri
    April 11, 2016
  • 5 star review  will be my go-to guy should the need arise..

    Marcy Orth Avatar Marcy Orth
    October 21, 2014
  • 5 star review  Michael is the person to call when you need help or advice! He understands.

    Lloyd Goradesky Avatar Lloyd Goradesky
    January 11, 2014
  • 5 star review  Outstanding legal scholar!

    Aj Daoud Avatar Aj Daoud
    December 21, 2013
  • 5 star review  Michael has helped my family and I on a few occasions and the results were excellent, he represents his clients with the utmost respect and professionalism.

    David Schindler Avatar David Schindler
    August 12, 2013
  • 5 star review  ABSOLUTELY Michael. Your my second favorite Lawyer behind my cousins Law firm in Brooklyn. The Berkman Law Firm.

    Andrew Scott Wasserman Avatar Andrew Scott Wasserman
    August 11, 2013
  • 5 star review  Interesting and Informative

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    July 20, 2013

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