Posts Tagged ‘Miami Criminal Lawyer’
64) How long can a Cop keep me on the Roadside? ~ Michael A Haber Miami Criminal Lawyer
Thank you for asking me “How long can a Cop keep me on the roadside?” When you are pulled over by the police for a traffic stop you have been “seized” and you are afforded protection by the 4 Amendment…
Read MoreWhat is a Speedy Trial / Written Demand? Michael A Haber Esq Miami Criminal Attorney
In the US everyone has a Constitutional Right to a Speedy Trial, but individual State’s make their own rules and time frames. In FL your speedy trial right’s are found in Rule 3.191 FLCrP and they kick in either when…
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 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 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…
Read MoreProstitution and Solicitation? in FL Michael A Haber PA Miami Criminal Lawyer
In Florida prostitution is defined as “the giving or receiving of the body for sexual activity for hire”, and “sexual activity” is defined as “penetration or union with the sexual organs of another or handling or fondling of another’s sexual…
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…
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