Skip to content

Call me confidentially at 1-888-

Q:     Can a judge stop me from filing a civil lawsuit?  I went to prison for 2 years for a crime I never committed, and now I have 3 years of probation. I was charged… Scroll down to read more!

Q:     Can a judge stop me from filing a civil lawsuit?  I went to prison for 2 years for a crime I never committed, and now I have 3 years of probation. I was charged with interstate stalking, and can prove that the woman the FBI says I was stalking lied to them. This woman is also married to an FBI agent. One of the conditions of my probation is that I can’t have any direct, or indirect contact with this woman. I can prove that she lied, and that the FBI lied to cover up a crime she committed. My question is this:  The judge told me that I can’t file a civil lawsuit because that would be considered indirect contact with this woman. I want to proceed as a poor person and do this myself. Can the judge really bar me from using the court system to seek justice? This does not seem right to me. Is the judge over stepping his authority? Thank you for any input you can offer.

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

Best Answer
chosen by asker
Answered I have never heard of a Judge being able to deny you access to the court system (well, that’s not entirely true… there are folks who have been enjoined / restrained from filing in court after abuses have been adjudicated) and I suspect that this order, if it was given, is unconstitutional.

You are free to sue pretty much anyone for pretty much anything in the USA. Whether your lawsuit survives a motion for summary judgment, whether you prevail, or even if you can find a lawyer to sign her/his name to pleadings is another story.

If I were you I would get offline and into a real world civil litigation law office and bring with you the court order indicating that you are not permitted to file a suit against your victim. If there is no court order then you will need a transcript of the proceedings where the Judge said what you claim that he said.

I suspect that a real world lawyer may very well take this case just to smack this over-inflated Judge off his high throne, but, alternatively, you may be told that the Judge was justified in enjoining you under these circumstances (I don’t know and you are not going to know absent a real world consultation with the court order or transcript of the proceedings in hand). 


Were I a betting man then I’d wager that the Judge exceeded his authority by telling you that you cannot file a civil lawsuit against the complaining witness in your criminal case.  Still, if you do then I;d be sure NOT to do it pro se and to have a lawyer sign the pleadings and hire the process server.  Although this is technically 3rd party contact I think that the Judge has no authority to intervene in your attorney-client relationship and, if s/he does, then you can always rely on an “advice of counsel” defense to any charge.
Wishing you luck and hoping that I’ve been helpful.
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.) 

When it comes to the subject of “Cops, Courts and Constitutions” you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can’t stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


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 #Injunction #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement  #AccessToCourt
0 0 votes
Article Rating
Posted in

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!
Subscribe
Notify of
guest

This site uses Akismet to reduce spam. Learn how your comment data is processed.

0 Comments
Inline Feedbacks
View all comments
12555 Biscayne Boulevard, # 893
North Miami, Florida 33181
Phone: 1-888-742-7581|
Secondary phone: 305-381-8686
Email: sharky910@aol.com

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

  • 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

Categories

Archives

0
Would love your thoughts, please comment.x
()
x