Posts Tagged ‘BUI’
(183) How to avoid a Trafficking Minimum Mandatory Sentence in FL? HaberPA Miami Lawyer
Thank you for asking me “How can I avoid a Trafficking Minimum Mandatory Sentence in FL?” The main distinguishing characteristic of a minimum mandatory – or a “min mand” sentence – is that while you are entitled to get gain…
Read More(177) What’s the difference between Drug Possession & Trafficking in FL? Haber Criminal Defense
Thank you for asking me “What is the difference between Drug Possession and Trafficking in FL?” In FL “possession” is defined as “having, holding or exercising power or control over some item”, and in the context of controlled substances it…
Read More(176) What is Loitering & Prowling in FL? – Michael A Haber Miami Criminal Defense DUI BUI Lawyer
Thank you for asking me “What is Loitering or Prowling in FL?” F.S. 856.021 is the Loitering and Prowling statute. In order to be found guilty the State must prove the following 2 elements: 1) That a person is in…
Read More(174) What is False Impersonation of a Law Enforcement Officer in FL? Michael Haber Miami Lawyer
Thank you for asking me “How do you Impersonate a Law Enforcement Officer in FL?” F.S. 843.08 makes it a crime for you to hold yourself out to be a law enforcement officer AND, while doing so, to pretend to…
Read More(173) Can I use Force to Defend Against an Unlawful Arrest in FL? – Michael Haber Criminal Lawyer
Thank you for asking me “Can I use Force to Defend Myself against an Unlawful Arrest? ” In Florida you are never permitted to use violence to resist an arrest, even if it is an unlawful arrest. However, if, during…
Read More(169) Are there any Defenses to a Perjury Charge? – Michael Haber Miami Criminal Defense DUI Lawyer
Thank you for asking me “Are there any defenses to a Perjury charge?” Yes. Apart from the standard defenses that are available in all cases there are at least two defenses which are custom tailored to a perjury charge. The…
Read More(168) What is Perjury in FL? – Michael A Haber Miami Criminal Defense DUI BUI Lawyer
Thank you for asking me “What is Perjury in FL? ” Perjury is loosely defined as “lying under oath”, but there is much more to it than that. To be convicted of perjury in FL the State must prove, beyond…
Read More(178) How much time can I get for Possessing Cocaine in FL? – Michael Haber Miami Criminal Lawyer
Thank you for asking me “How much time can I get for Possessing Cocaine in FL?” Possession of any amount of cocaine is a felony in Florida. If you possess less than 28 grams then you have committed a 3rd…
Read More(146) What is Criminal Mischief in FL? Michael A Haber, Esq Miami Criminal Defense DUI Lawyer
Thank you for asking me “What is Criminal Mischief in FL?” The crime of Criminal Mischief is found at Florida Statute 806.13 and is committed when a person “willfully and maliciously” damages the property of another person. Criminal Mischief gets…
Read More(145) What’s the difference between Actual & Constructive Possession? ~ HaberPA Criminal Defense
Thank you for asking me: “What is the difference between Actual and Constructive Possession?” Actual possession means that the item in question (be it a weapon, drugs, body parts… whatever form of contraband floats your boat) is on your person.…
Read More