Posts Tagged ‘FAQ’
What is an Arraignment Hearing? Michael A Haber Esq Miami Criminal Attorney
An arrest triggers the criminal process, and a Bond Hearing may be your first formal appearance, but the Arraignment constitutes the formal commencement of the criminal process, and it serves 3 vital purposes: 1) It requires the State Attorney to…
Read MoreWhat is a Continuance? Michael A Haber PA Miami Criminal Lawyer
A continuance is an extension of time. It is a delay in the legal process which can be requested by either party or which can be ordered by the Court on it’s own initiative. Sometimes a continuance is necessary because…
Read MoreDoes Bond Have to be Posted in Cash? Michael A Haber PA Miami Criminal Attorney
In Florida State Court a monetary bond can be posted in one of two ways: Either in cash, in full, or vis-a-vis a surety / bail bonds agent. If you post a cash bond then the full amount of the…
Read MoreCompetence and Sanity in Florida? Michael A Haber PA Miami Criminal Lawyer
When it comes to the criminal process the issues of competence and sanity are very different matters. Competence refers to the here and now, during the criminal process; whereas sanity refers to the time that the offense was committed. The…
Read More41) Privileges Generally? Michael A Haber PA Miami Criminal Attorney
“Privileges” are statutory creations which entitle you NOT to answer questions, under oath or otherwise, in the criminal context. Although some are scattered about they are mostly contained in the evidence code (Chapter 90 of the Florida Statutes). The most…
Read More39) Return of Impounded Seized Property? ~ Michael A Haber Miami Criminal Attorney
So you were arrested and your personal property (a car, a watch, cash, a gun, a phone, a laptop, etc) was impounded by the cops and now you want to know how to get it back. Well, the answer is…
Read MoreStatute of Limitations and Speedy Trial? Michael A Haber PA Miami Criminal Lawyer
The Statute of Limitations (“SOL”) governs how long the State has to bring a charge against you after the date that a crime has been committed and it varies based upon the degree of the crime. Florida Statute 775.15 says…
Read MoreWhat is a Deposition? Michael A Haber PA Miami Criminal Attorney
A deposition is a “question and answer” session, under oath. It is a mechanism by which lawyers, on either side of a given case, can make inquiry of witnesses (usually those who are listed by the other side) in an…
Read More45) Your 5th Amendment Privilege Against Self Incrimination? Michael A Haber Miami Criminal Lawyer
“The 5th” commonly refers to the Privilege Against Compulsory Self-Incrimination which is contained in the United States Constitution. It protects people from being forced to become witness against themselves in a criminal proceeding. The 5th is the basis of the…
Read MoreExpert Witnesses and Criminal Cases? Michael A Haber PA Miami Criminal Lawyer
Expert witnesses are just like any other witness with one exception: They are experts. That is not a joke or a flippant statement, it is a legal distinction for expert witnesses, unlike “lay” (or non-expert) witnesses, are permitted to express…
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