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Q:     My son violated his probation and has a warrant for his arrest (misunderstanding for incorrect court date).  My son wasn’t home and I didn’t want to open so the police started walking to… Scroll down to read more!

Q:     My son violated his probation and has a warrant for his arrest (misunderstanding for incorrect court date).  My son wasn’t home and I didn’t want to open so the police started walking to my back yard and looking trough my windows. Can the police just come in to my backyard without being invited in and can they look into my house from the privacy of the back of my home?


A:  Chosen as “Best Answer” by Asker!


Answered 

To answer the second part of your question first, yes. When someone is on probation they are subject to report to their PO at any time of day or night and even to have their home searched.  And if someone who is not on probation allows a probationer to reside n their home then they have, by permitting the probation to live there, subjected their home to the same (although there are limits – for example only the probationer’s room and common areas can be lawfully searched).

That said your son should surrender in court with his lawyer first thing this morning, and the bottom line with warrants is that they suck (well that and that oftentimes they end up in untimely and inconvenient incarceration). When it comes to the subject of warrants, anyone anywhere who has knowledge of the existence of the warrant has 2 choices: Either they can deal with it proactively, in an offensive manner or they can live day to day, waiting until it is ultimately served, and then play catch-up (defense).

In this light warrants can be likened to cancer. If it exists (whether it is a warrant or cancer) then you have a problem. You can either choose to deal with the problem and hope for the best or you can wait for the problem to deal with you in its own natural fashion. In the former event it may or may not work out favorably for you, but, in the case of a warrant, at least the State and the Judge will have to acknowledge that you voluntarily chose to bring the matter to them (which is an undeniable fact that even an inexperienced lawyer should be able to use your advantage during the pendency of your case). In the later event, however, just as with cancer, the longer that you choose to wait (whether in denial, self-pity or simply because you are lost in hope, desperation and prayer that it’ll heal itself / go away) then more time that it has to metasticize and destroy you from within.

Your son may well have defenses to his charges, I don’t know. What I do know is that right, wrong or indifferent that the warrant is a veritable cancer which will almost surely prejudice him, whether with the Court, the State or both, sometime down the legal pike.

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 12 hours ago.
His attorney gave him an appt. for 4:30pm Monday which means nothing will be done until probably Tuesday. We have press in how urgent is for us to resolve this matter Since Thursday when we found out about the warrant we even try arranging to turn him to the judge trough a public defender or in pro-se but the public defender won’t return calls and I guess it can’t be done pro-se. Should I be worry about the time that is been wasted here? I want a good attorney but he seems to be busy and looking for a new attorney who isn’t busy is a bit scary.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted about 6 hours ago.
Document your efforts and go with your son to court. Let the Judge see (and hear if necessary) that he has a supportive family who has tried to do right by the Court and the law. That is the best ammunition that you have.

And if your son’s lawyer isn’t making time for his client and is failing to effectively dealing with his client’s legal issues that you should consider both discharging her/him and reporting her/him to the Florida Bar.  The Bar does not sit idle at allow attorney’s to act in such an unethical and unprofessional manner.

Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality. 


Michael A. Haber, Esq. has creatively, effectively and zealously represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 


Michael A. Haber, Esq. is prepared to speak with you about your case!  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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  • 5 star review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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    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

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  • 5 star review  Michael is the person to call when you need help or advice! He understands.

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    December 21, 2013
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