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Can I tell the Judge the truth that the police officers falsified the reports when I go to finish my probation early? ~ “Best Answer” on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:      Can I tell the Judge the truth that the police officers falsified the reports when I go to finish my probation early?  I was charged with Battery on a Law Enforcement Officer… Scroll down to read more!

August 19, 2015 / Michael A. Haber /
Q:      Can I tell the Judge the truth that the police officers falsified the reports when I go to finish my probation early?  I was charged with Battery on a Law Enforcement Officer in June 2013. I attempted to tell the Judge that the police officers falsified the reports when the case was open but my public defender at the time gave me her opinion, so I didn’t say anything.   My probation term is 2 years, however, I want to be finish with probation earlier than that. If I’m taking the bait, is it only fair that I request a misdemeanor conviction instead of a felony? I received a 3rd degree felony with adjudication withheld but it still is seen as a conviction even though I have never been convicted.
A:     Chosen as “Best Answer by Asker on www.AVVO.com
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James Patrick Stanton Jr.
James Patrick Stanton Jr.
Criminal Defense Attorney – Clearwater, FL

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Answered . I think that you are confused.

Your case is closed. You pled guilty (or no contest) and are on felony probation. There is no requesting a misdemeanor conviction. If you were not guilty then you should not have entered a plea and should have gone to trial. There are no “do overs”.

I would very strongly suggest that if you are asking a Judge to exercise her / his discretion in granting you early termination (“ET” – (which is what you are doing – asking, and the Judge is under no obligation whatsoever to oblige you) that you not mention anything about police misconduct or try to minimize or redirect blame…. again, you pled guilty (or no contest) and proclaiming innocence would be counterproductive to your immediate objective.

Insofar as ET is concerned, once again, the issues of probation enforcement, modification, ET and transfer are all 100% discretionary with the Court – that is to say that the Judge is free to say either yes or no without fear of appellate action… it is entirely the Judge’s call. Good mood, bad mood, bias, prejudice, sleep, lack of sleep, etc… all of these intangibles can effect the Judge’s attitude and ultimate decision.

Still, if there is an unwritten rule then it s this: ET / conversion will generally NOT be granted until at least 50% of the CC / probationary term has been successfully (without any allegations of violation) served AND all conditions having been completely satisfied. Again, this is not set in stone, but it is a generally reliable guideline.

Thus, the best way for you to hedge your bet and to accomplish your objective is for you to hire yourself a dialed-in criminal defense lawyer who can stitch together a comprehensive and persuasive packet of materials geared toward skewing the ruling in your favor. As with most things in criminal court, your odds are likely to exponentially increase with a skilled and experienced criminal defense lawyer at the helm.

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.) 
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.

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. 

Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 – 305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910). 

​When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!

At Michael A. Haber, PA “it’s all about reasonable doubt”!





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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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