Driving 101. Driving is not a “right” (it is unlike your Constitutional rights, for example to free speech, against unreasonable searches and seizures, etc.) it is a privilege. The privilege to drive is extended to you by the State of Florida with contractual obligations. The State agrees to permit you to drive and in exchange…

What is the 4th Amendment? The 4th Amendment to the U.S. Constitution is that part of the Bill of Rights which prohibits unreasonable searches and seizures and which requires that Judges sanction and issue warrants which are supported by probable cause. It was made a critical part of the American justice system as a consequence…

What is probation? Probation is a form of community supervision (the law on probation can be found in Chapter 948, Florida Statutes and in and Rule 3.790, Florida Rules of Criminal Procedure). It is an alternative to incarceration (of course it can also be a set up for a quick, tough sentence down the pike)…

What is Diversion? Pre-Trial Intervention / Pre-Trial Diversion is an alternative to prosecution. It is a program which is designed to make you think twice about future criminality by way of making you jump through a series of proverbial hoops, during a period of supervision, successful completion of which results in a dismissal of the…

What is a “speedy trial”? A “speedy trial” does not refer to a trial which occurs quickly, rather it is a both a constitutional and a procedural right to be taken to trial within a certain amount of time and to seek discharge from criminal prosecution for the State’s failure to do so in a…

What are the Sentencing Guidelines? The Sentencing Guidelines are part of the “Criminal Punishment Code” (“CPC”). The purpose of the CPC is to “establish sentencing criteria… to make the best use of state prisons so that violent criminal offenders are appropriately incarcerated… {in a} neutral {manner} with respect to race, gender, and social and economic…

The purpose of this Legal Guide is to assist you in understanding “possession”, and various issues surrounding possession, in FL. It is only intended to provide “standards” and raise basic awareness. Always remember that each case is unique and requires its own independent analysis by a lawyer. What is possession? “Possession” means “having holding or…

Diversion & B.O.T. (Back on Track – the D.U.I. Diversion Program offered by the Miami-Dade County, State Attorney Office): A Practical Guide by Michael A. Haber, P.A. What is “Diversion”? Diversion is a program – a mechanism – which is designed to make you think twice about future criminality by way of having you jump…

The following Legal Guide is intended to provide an overview of Florida’s Theft laws (generally F.S. 812.14), as well as some issues collateral to the same (i.e. application of diversion, statute of limitations issues, civil theft statute, etc). I hope that it proves helpful to you. What is Theft? In Florida, “Theft” is defined as…

The purpose of this Legal Guide is to provide information to the Reader about sealing and expunging criminal records in Florida State Courts. Note that this is not an instruction manual (i.e. this is NOT – caps intentional – “SEAL / EXPUNGE 101”) but it should be helpful nonetheless. What does “Sealed” mean and what…