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Q:     Can a case be dismissed if the prosecutors didn’t give over all the discovery?  I am charged with possession of meth. A deposition was giving to a Sheriff regarding who handed him a… Scroll down to read more!

Q:     Can a case be dismissed if the prosecutors didn’t give over all the discovery?  I am charged with possession of meth. A deposition was giving to a Sheriff regarding who handed him a packet of meth in the hospital emergency room. The Sheriff did not remember in deposition. In a deposition that I have from someplace else list the Sheriff initially found the meth. That Sheriff is not the one listed in discovery the state gave us. The prosecutors handed over discovery list another Sheriff that found the meth or collected the meth from the hospital personal. Can the charge be dismissed based on the wrong Sheriff was disposed on who actually collected the meth? Or dismissed regarding the initial Sheriff that found the meth wasn’t listed in the discovery? My lawyer hasn’t mentioned anything regarding that issue. Please bear with me I can tell I use to be mentally faster, my thought process was more professional mentally prior to being assaulted in the head and hit by SUV going 45 mph. No I’m not on any drugs as insinuated in prior question.

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

1 lawyer agreed with this answer

Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL

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Answered You have asked several questions about your felony possession charge online and for all of them the answer is going to be the same….

No cyber-lawyer can offer you an informed and responsible opinion on your case.

4th Amendment analysis (and procedural matters such as those which you are asking about) are case specific and require a full and complete analysis of all of the facts and circumstances.

You have a lawyer and you need to address your case specific questions to your lawyer.

Discovery violations are decided by the Judge and if any sanction is to be imposed then it is the Judge who will determine what is appropriate under the circumstances. Dismissal is almost never heard of.

Again, I strongly encourage you to ask YOUR (caps intentional) lawyer, and only your lawyer, these questions.

Anything less is a) irresponsible (your criminal case is sacrosanct and should not be discussed publicly), b) not likely to result in a competent or accurate answer (no one except your lawyer is intimate enough with the facts and circumstances of you and your case to offer up competent and responsible advise) and is also c) an affront to the attorney-client relationship.

I am 100% certain that if I were your lawyer then I would be none too happy about you asking questions about your case of other lawyers, especially on the internet.

Not withstanding my advise (i.e. that you please get offline and into your lawyer’s office), still, 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 7 minutes ago.
Yes the answer have all been helpful. Initially from what I have heard and from a uneducated layperson point of view I wanted to make sure my lawyer is heading in the right direction. The information I am given by him is the correct information. I have suffered a sever head injury in turn has left me to know , I use to be more intelligent answers came faster to me at times and in this situation I am flying bl I ND so to speak. I most definitely appreciate the advice , time and honest opinions givin free of charge. If I don’t know it is broken I cannot fix it. Now I understand the disrespect by not not honoring my lawyers opinion. Thank you for pointing me in the right direction.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted less than a minute ago.
I am very glad that my answer was helpful to you and I both wish you the best of luck and thank you for your kind +++ feedback.

Established in 1991, Michael A. Haber, P.A. has an unblemished record of providing creative, effective and zealous representation to clients, primarily in South Florida, on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 


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 #Discovery #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #RichardsonViolation #ProsecutorialMisconduct #CaseDismissed #4thAmendment #TotalityOfTheCircumstances #SearchAndSeizure #Search #Seizure  #Depo #Deposition #Meth #Methamphetamine #Sanctions 
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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.

    DrNetta Shaked Avatar DrNetta Shaked
    July 26, 2017
  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

    Leo Gonzalez Avatar Leo Gonzalez
    April 10, 2017
  • 5 star review  Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

    Chiko Sarri Avatar Chiko Sarri
    April 11, 2016
  • positive review  Michael is the person to call when you need help or advice! He understands.

    Lloyd Goradesky Avatar Lloyd Goradesky
    January 11, 2014
  • positive review  Outstanding legal scholar!

    Aj Daoud Avatar Aj Daoud
    December 21, 2013
  • positive review  Michael has helped my family and I on a few occasions and the results were excellent, he represents his clients with the utmost respect and professionalism.

    David Schindler Avatar David Schindler
    August 12, 2013
  • positive review  ABSOLUTELY Michael. Your my second favorite Lawyer behind my cousins Law firm in Brooklyn. The Berkman Law Firm.

    Andrew Scott Wasserman Avatar Andrew Scott Wasserman
    August 11, 2013
  • positive review  Interesting and Informative

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    July 20, 2013

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