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Q:     Should we accept Prosecutors offer for Juvenile Diversion or take it to the judge?  My 15 year old son and his best friend got into a fist fight, the other child hitting my… Scroll down to read more!

Q:     Should we accept Prosecutors offer for Juvenile Diversion or take it to the judge?  My 15 year old son and his best friend got into a fist fight, the other child hitting my son first. They were caught by the Police as they were at a local park and now they are charging both boys with Battery and want us to meet with the Prosecuting Attorney with an offer for Diversion. Can they really charge the boys with battery? What are my options for my son as he was fighting back in self defense and they are still friends, neither one was hurt in the altercation. I cannot afford an Attorney do I ask for a Public Defender? What do I Not say when speaking to the Prosecutor and their offer of Diversion? My son has no prior record and I think it is wrong to charge them with battery. Advice please? We meet with Diversion Officer on Wednesday July 13th.

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

Answered Q: Can they really charge the boys with battery?

A: Yes. But unless they have independent witnessed then they will have proof problems. Think about it. I can’t speak to ID per se buy in FL, and in most Sates, in order to prove a battery the government needs someone to take the witness stand and testify under oath that they were struck against their will. As both boys have a 5th Amendment privilege not to incriminate themselves. If they are both Defendant’s in criminal court – even if they are also both listed as government witnesses in the other’s case – they cannot be compelled to testify, and if they refuse to do so then the State will have a serious proof problem.

Q: What are my options for my son as he was fighting back in self defense and they are still friends, neither one was hurt in the altercation.

A: Your son can claim self-defense in his case as an affirmative defense to the battery charge, Again, I can’t speak to ID but in FL self-defense is an affirmative defense which the Defendant can plead but must then prove (meaning that the Defendant effectively says “yes, I did it, but it was not unlawful for me to have done so under the circumstances).

Q: I cannot afford an Attorney do I ask for a Public Defender?

A: If you cannot afford a lawyer then the court generally must appoint one.

Q: What do I Not say when speaking to the Prosecutor and their offer of Diversion?

A: You will be best served letting a lawyer speak to the prosecutor. You do not speak the language and are therefore not on even footing. It would be a most unbalanced “non”-conversation.

Q: (Kinda): My son has no prior record and I think it is wrong to charge them with battery.

A: Respectfully, your thoughts on the matter are irrelevant.

All of this said, diversion is a program which is designed to make you think twice about future criminality by way of making you 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 you, keep you or “graduate” you from their program. Knowing that, the question now is whether or not diversion is right for your son.

If he sucks it up, does what he’s supposed to do (when and as it is supposed to be done) and if he does not do anything that he is not supposed to do, then diversion is a guaranteed victory, which is A) something that you will never get in a courtroom and B) not something to be brushed off lightly.

As my father taught me, sometimes you have to ask yourself “if the screwing I’ll get worth the screwing that I got”.

Still, the best way for you to get competent advise is going to be to have a face-to-face meeting with a Coeur D Alene, ID 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.

Although it is not tailored to ID I suggest that you take a look at mt 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:

Michael A. Haber, Esq.’s AVVO Legal Guide on Pre-Trial intervention / Diversion: What is it and is it right for me? – http://www.avvo.com/legal-guides/ugc/pre-trial-…

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.)

At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


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!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLaw #CriminalDefense #Battery #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #Consent #CriminalHistory #PSA #PublicServiceAnnouncement #MutualCombat #StreetFight #CoDefendant #Prosecutor#CriminalCharges #StateAttorney #AssistantStateAttorney
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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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