A: My son has been arrested for trespassing in a construction zone in Fl. This is his first offense. Will he be sent to jail? He was riding his Enduro motorcycle in a construction… Scroll down to read more!
A: My son has been arrested for trespassing in a construction zone in Fl. This is his first offense. Will he be sent to jail? He was riding his Enduro motorcycle in a construction zone. The site had a sign posted but he did not see it. A truck entered the site so he left. He was then detained and arrested for trespassing in a construction zone. He was told that this is a 3rd degree felony. We have little money for a lawyer and I am terrified that he will be sent to jail. What should we do and how likely is it that he will have to serve time? Can we get it dismissed or reduced to a misdemeanor?
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Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/my-son-has-been-arrested-for-trespassing-in-a-cons-2281257.html#!” rel=”nofollow” style=”color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
Criminal Defense Attorney – Miami, FL
Contributor Level 20
Answered . Trespass in a Posted Construction Zone is a 3rd degree felony for which he faces a max of 5 years in prison. Please see: See F.S. 810.09 – http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.09.html
If this is his first offense then it is almost certain that he be eligible for a diversionary program. If it is not – or if he is not – then his case will have to be defended, whether by a private or a court appointed lawyer.
Diversion is a program which is designed to make your son think twice about future criminality by way of making him jump through a series of proverbial hoops during a period of supervision, successful completion of which results in a dismissal. The program is owned and operated by the State Attorney’s Office and they have absolute and unequivocal discretion as to whether to admit him, keep him or “graduate” him from their program.
Knowing that, the question now is whether or not diversion is right for your son. There may or may not be viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges without going through diversion.
The best way for you to get competent advise is going to be to have a face-to-face meeting with a criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and citations and then offer an informed opinion.
Please take a look at my Avvo Legal Guide on diversion in Florida. It contains a great deal of information on the subject and should be helpful to you. For your convenience a link follows:
Please see:
http://www.avvo.com/legal-guides/ugc/pre-trial-intervention–diversion-what-is-it-and-is-it-right-for-meEither way please be sure that charges do not magically disappear. Unless there is either insufficient proof or if the police have exceeded their mandate (and sometimes even then) the only way that charges will go away is with the assistance of a skilled and experienced criminal defense lawyer who tirelessly efforts on your behalf.
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.)
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.
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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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Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney. 
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Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense
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April 11, 2016
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