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Q:     What are the chances of my husband being reinstated after his po finding a gun in the home?  His original charges were burglary-several roped together. He served 4 years in prison and was… Scroll down to read more!

Q:     What are the chances of my husband being reinstated after his po finding a gun in the home?  His original charges were burglary-several roped together. He served 4 years in prison and was on probation for 15 years and made 7 successfully. The gun was not his but he knew it was there. Po is requesting prison. I got an attorney-a great one! But I’m curious what you “think” I need to expect. He was not charged with anything other than vop. With your experiences do you think he is looking at more prison? Is reinstatement slim to none? Also will the judge care that I am pregnant & he has 6 children that depend on him? I want a very realistic answer to prepare myself. Thank you!!

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

5 lawyers agreed with this answer

Nick Jay Dorsten
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
Gregory L. Olney II
Gregory L. Olney II
Criminal Defense Attorney – Saint Petersburg, FL
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
William W Housley
William W Housley
Criminal Defense Attorney – Tupelo, MS
Patrick Ryan Barnes
Patrick Ryan Barnes
Criminal Defense Attorney – Memphis, TN

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Answered .  I cannot tell you with any degree of certainty what I am going to have for dinner, much less predict the odds of your husband’s probation being reinstated after his PO found a gun in his residence.

Florida has 20 different Judicial Circuits, each of which deals with cases in its own manner. Moreover, each of those Judicial Circuits has a given number of criminal court Judges (each of whom is unique), as well as its own State Attorney’s Office (each of which has its own policies and procedures), and a bunch of Assistant State Attorneys (who, although they operate on guidelines as established by their office, are each sentient and independent persons), and each case has its own set of variables (“free radicals” if you will) all of which combine to make it impossible to predict what will happen in a given case.

So, not knowing anything (other than your proffer) about the relevant issues in your husband’s case (i.e. the unique facts and circumstances of the case, of your husband himself, of your family, of the Assistant State Attorney and of the Judge) I cannot offer you “realistic” advise or odds.  What I can say that his original charges were serious, that he faced a lot of time then and he does again now on a VOP and a new 2nd degree felony substantive prosecution. 


In FL possession of a firearm by is quick VOP (standard condition of probation “(m)(1)” is plain as day – for your convenience I have attached a link to the standard conditions of probation below) and that none of that looks good for him. 

That said your husband should have earned some degree of good will over the past 7 years and he is apparently an otherwise good and supportive family man. While that is far from any sort of guarantee of freedom it is also precisely what criminal defense attorneys deal with on a regular basis (if it were pretty then it wouldn’t be criminal defense litigation).

In this case you have already hired a lawyer (presumably one who knows the facts and circumstances of the case, of your husband, your family, the Assistant State Attorney and hopefully the Judge), and s/he is the only person to whom you should turn and upon whom you should rely. The simple fact is that no one else on the planet is sufficiently versed to give you a “realistic” answer.


For the Standard Conditions in FL please see: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0948/Sections/0948.03.html

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”!



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.

    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

    Debbie Molinaro Avatar Debbie Molinaro
    July 20, 2013

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