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Q:     I recently received a MIP charge and I was in possession of my brother’s ID, what should I do?  I was in possession of alcoholic beverages and in possession of my brothers ID…. Scroll down to read more!

Q:     I recently received a MIP charge and I was in possession of my brother’s ID, what should I do?  I was in possession of alcoholic beverages and in possession of my brothers ID. They took his ID but on the citation it only says I was in possession of it.  It does not mention his name on the citation, but I think they were writing some of his information down.




A:     Chosen as “Best Answer” by Asker on www.AVVO.com


Answered The citation says that you were in possession of what (booze, a fake ID or both)?

Either way you may have received the citation but if it’s in his (your bro’s) name then it’s him (and his record) that’s at stake.

If it is in your brother’s name then what you should do now is to embark on a responsible (and smart) path toward straightening this out before your brother has a problem, and be aware that the path to getting this straight will likely require you to man up and own up to what you did, which may well result in your picking up another charge (or two), but the alternative is that you screw your brother over (again).

If this is the case then the way to do this is with the assistance of a G-ville area criminal defense lawyer who can first get your brother off the hook and then you off the hook, all without you ever opening up your mouth and causing more damage than you have already managed to accomplish.

I encourage you to do the right thing by your brother (that and not possess booze until you are lawfully allowed and don’t hold yourself out to be someone that you are not, most especially your own brother).


If the paperwork is in your name and not your brothers (and if the police are merely holding your brother’s ID as evidence in your case) then, again, you need a G-ville area lawyer to assist you to A) determine whether or not enjoy 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 in your unique case B) if not then to assist you in negotiating the most favorable terms to resolve your case (whether through diversion / PTI / PTD or otherwise) and C) to assist you (your brother) in having his property (his ID) returned (as it is completely unnecessary to the State’s case and a lawyer will be able to get it back quickly).
If you follow my advise then I know that I will 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.:   Creative, effective and zealous criminal defense advocacy since 1991.



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


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




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
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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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