Social Media FAIL! A FL Keys Man is Arrested for “Sexual Cyber-Harassment” after Posting “Revenge Porn” on Facebook in the form of a Naked Photo of his Baby Momma with the Caption “Embarrassment number one,… Scroll down to read more!




Meet 33 y/o Michael Hamel, Jr, of the Florida Keys.  That’s him below…




Mike likes to post on Facebook (I’ll spare you the plethora of selfies…. that one above is quite enough) and, like many, he does not…




On September 22nd, 2016 Mike’s unnamed baby momma took out a restraining order against him (and this followed Mike’s prior arrest for cocaine possession and  an act of domestic violence against the same woman).  After being served with the DVRO, and believing that his baby momma was involved with another man, Mike took to Facebook, posting a photo of his baby momma’s “pelvic region” along with the caption “Embarrassment number one, 5,000 to go”.




Apparently the woman was identifiable in the Facebook post because of an easily recognizable tattoo on her arm, and that was enough for cops to arrest Mike on charges of “sexual  cyber-harassment” (see F.S. 784.049).




But if it wasn’t, and adding insult to injury (not to fail to mention evidence to the State’s case), there is also proof that Mike texted a friend of his baby momma threatening to release more sexually explicit images if she “lets a guy around their child.”





Most State’s have “revenge porn” (a/k/a “sexual cyber-stalking”) laws, and Florida law makes it a crime (a 1st degree misdemeanor punishable by up to 364 days in jail) to post sexually explicit photos of another without their consent.  It matters not whether the photos were taken and possessed freely, voluntarily, and with consent; what matters is a lack of consent to publish the images (as Florida law holds that someone who agrees to have such a sexually explicit photograph taken maintains “a reasonable expectation the image will remain private”).  Florida’s “revenge porn” law makes it a 1st degree misdemeanor to post explicit pictures of someone else without their permission.  “Revenge porn” falls under the category of sexual harassment and is defined as the “online posting of explicit photos of people without their permission”.   F.S. 784.049 defines “Sexually cyberharass” as meaning “to publish a sexually explicit image of a person that contains or conveys the personal identification information of the depicted person to an internet website without the depicted person’s consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person.”






And so Mike is in a world of trouble now, being detained on $50,000.00 bond for the 1st degree misdemeanor (which is an extremely high bond for a misdemeanor) in the Stock Island Jail awaiting Arraignment on November 28th, 2016.  Mike will also face a violation of his restraining order, as well as a civil contempt commitment in that case, and his felony cocaine possession case is also open (he faces 5 years on that one).




Memo to the Folks:  Apart from being turned in by a victim for a cyber crime you can count on the fact that prosecutors can and do scour the internet looking for any incriminating information which they can use against you in any pending criminal case.  Thus Haber’s Social Media Rule #5: If it’s even remotely relevant to a pending charge then prosecutors will cram your social media posts, and history (sites visited, searches made, etc) down your throat in court.   Watch HaberPA’s YouTube VideoFAQ / Webisode on Social Media and the Law, including “Haber’s Rules of Social Media # 1 – 5” by clicking on the link below…




Social Media:  It’s all fun and nice until it’s introduced into evidence against you in Court (see “Haber’s Rules of Social Media # 1 – 5” by clicking here).


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 #SocialMedia #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #SocialMediaFAIL! #FAIL! #Facebook #RevengePorn #CyberHarassment #SexualCyberHarassment #CyberCrime #Stalking #SexualCyberStalking #DV #DVRO #DomesticViolenceRestrainignOrder #Contempt #RestrainingOrder #ContemptOfCourt #ThinkBeforeYouPost
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