Michael A. Haber, P.A.

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Michael A. Haber, P.A. DUI) and sea (e.g. BUI).

is a South Florida based "boutique" Criminal Defense Litigation practice which focuses on securing acquittals in a range of Criminal Cases from Misdemeanors to Murder and from Traffic to Trafficking, both on land (e.g.

  wishes you a   and offers you a PSA of the Day intended to arm you with wisdom that'll reduce your odds of getting Arr...
10/16/2026

wishes you a and offers you a PSA of the Day intended to arm you with wisdom that'll reduce your odds of getting Arrested and if you get popped then to help you to avoid causing unnecessary damage during your Police-Citizen Encounter, but first I need to introduce a little science with a dash of spirituality and capped off with a sprinkling of synthesis.

- Science: Carcharodon carcharias, a/k/a/ the Great White Shark, is among the ultimate symbols of strength, ferocity, stamina, dominance, and power. These apex predators (sharks in general) date back 450 million years (i.e. sharks were roaming the Earth before trees, much less humans), can live beyond 75 years of age, can grow to be beyond 20 feet in length and can weight up to 5,000 pounds. In the 1975 Stephen Spielberg blockbuster "Jaws" Matt Hooper (Richard Dreyfuss' character) used the following words to describe the Great White Shark's nature to Mayor Larry Vaughn (played by Murray Hamilton): "Mr. Vaughn, what we are dealing with here is a perfect engine, an eating machine. It's really a miracle of evolution. All this machine does is swim and eat and make little sharks, and that's all." According to "The Florida Museum" (at the University of Florida): "Positive identification of attacking sharks is very difficult since victims rarely make adequate observations of the attacker during the “heat” of the interaction. Tooth remains are seldom found in wounds and diagnostic characters for many requiem sharks - those in the Carcharhinidae family - are difficult to discern even by trained professionals... Nonetheless [the recorded history of shark attacks documents that], the white [351], tiger [142] and bull [119] sharks are the “Big Three” in the shark attack world because they are large species that are capable of inflicting serious injuries to a victim, are commonly found in areas where humans enter the water, and have teeth designed to shear rather than hold." (For comparative purposes the next most common shark species known to attack humans after Bull sharks are Requiem Sharks at 51, Sand Tiger Sharks at 36, Blacktip Sharks at 35 and Wobbegong Sharks at 31.)

- Spirituality: Also regarding symbolism, if you go to "What is My Spirit Animal" dot com then you'll find that if the shark (no species designation is made) is your "spirit animal" then "it's time to shut out fear and go for what you want... When Shark swims into your life s/he offers you safety from some jarring person or situation. The predator in your life is about to be frightened away with confidence. This creature reminds you of your personal power and the inner strength necessary to get rid of negativity. When Shark enters your life it portends a time of fearlessly facing those things or people who hold you back." Per "Uniguide" dot com: "When the shark is your spirit animal, you have been given the ability to swiftly go after what you want in life. As apex predators, sharks move through the ocean’s depths with fierceness and authority. Thus, the shark power animal reminds you that once you’ve committed to something, providence will move through to make it happen. You just have to laser focus on what you want to achieve. If a shark makes himself or herself known to you, whether in real life or through art, the media, or elsewhere - pay attention. There are no coincidences. Your spirit animal serves as a guide, bringing you messages from the supernatural world to help guide you during your human experience on Earth."

- Synthesis: Sharks may have existed for hundreds of eons but, per the Oxford English Dictionary, the word "shark" first came into use "after Sir John Hawkins' sailors exhibited one in London in 1569 and posted "sharke" to refer to the large sharks of the Caribbean Sea." As to how lawyers came to be referred to as "sharks" (among other, some not so "pleasant" terms), evidence exists that people studied written law in the BC era but after reforming the English legal system in the late 1200s AD King Edward I is credited with having spawned the earliest form of lawyers. Research suggests that in the early 17th Century (the 1600s) King James was busy translating the Bible and William Shakespeare was busy writing "Henry VI" (aside alert: although it wasn't published until 1623, from 1589-92 The Bard of Avon authored "Henry VI", which contains one of his most famous and controversial quotes, to wit: [Henry VI, Part 2, Act IV, Scene 2]: "The first thing we do, let's kill all the lawyers"), common folks were already and routinely using the word "shark" to describe scam artists, pickpockets and other folks who may be labeled as "scoundrels and villains", and therein may lie the link which ties lawyers to sharks (but before we get there please indulge me a quick "Rocky Horror Picture Show" reference: "Let's do the time warp again..."). In 1314 Dante had completed "The Inferno" which is a literary work that literally places lawyers in "the Eighth Circle of Hell" (i.e. a place of eternal damnation involving being poked with pitchforks by demons) and by 1400 Geoffrey Chaucer completed "The Canterbury Tales" in which he clearly depicts his character "The Summoner" (who essentially was a lawyer), as a leprosy-scarred drunk who hid behind the Latin language so as to mask his own incompetence (at a minimum suggesting that lawyers are contagious, hapless, amateur drunks who misuse Latin. There are other examples (e.g. Herman Melville described the "ordinary Brown Shark" as a "sea attorney... a grasping, rapacious varlet") but the point is this: Imagining a shark as anyone who preys upon someone else and or that lawyers are brutal, ruthless killers who are just willing to drag someone down to Davey Jones' Locker any time they smell blood in the water is far from a new concept, but it's also not necessarily an accurate connotation as sharks, especially the Great White, are also symbols of strength and opportunity (i.e. these apex predators literally travel thousands of miles, continually seek out new “fishing grounds” for an opportunity to survive).

All of this observed believes that effective lawyers should be like Carcharodon Carcharias (knowledgeable, versed, tenacious, savvy, brave, gallant, caring, empathetic, giving and gracious, yet concurrently - and when appropriate - both ferocious and mighty), and in that light calling a lawyer a shark is a compliment. I also believe that Police Officers ("good" ones anyhow) should be well-trained and have equal concern for themselves, the general public and those with whom they come into professional contact. But, precisely as is the case when a human enters a shark's domain, when a civilian is confronted by a Cop there's potential for disaster and that's why conjured " " (i.e. "Shut-Up and Lawyer-Up" / invoke both The 5th and The 6th), condensing your 5th Amendment Right to Remain Silent and your 6th Amendment Right to Counsel and which is designed to help you to help yourself and your lawyer should a things go south. should remind you that you do NOT have to respond to Law Enforcement Officer questions, that you can't be compelled to perform like a circus animal just because Johnny Law asks you to do so (e.g. to take FSTs / Field Sobriety Tests / Roadside Sobriety Tests or provide a Breath Sample by blowing into a Breathalyzer, an Intoxilyzer or other mechanical device) and that you have no obligation to make Law Enforcement's job easier by either making incriminating statements or consenting to a search which sidesteps the 4th Amendment (not to fail to mention that when you do so our Founding Fathers and countless, deceased Patriots who sacrificed, fought and died for your freedoms roll in their graves).

With rare exception here in the USA holds true everywhere, every time and in every situation. It applies equally on the roadside, at a Crime Scene / "Locus in Quo", a Police Station, in your home, your place of work, a Courtroom, on a plane, in a train, on land, sea and even at a border (in short you can whenever, wherever, anytime and in any circumstance that any government agent approaches you and wants to ask you questions, seeks your willful collaboration or tries to secure your permission for them to be able to bypass the U.S. Constitution). That said does NOT give you Carte Blanche to be a jerk (e.g. invoking your rights shouldn't start off confrontationally like refusing to roll down your window or to speak at all); rather there's no excuse to be cantankerous or rude, you should always be reasonably cooperative (e.g. provide ID if asked) and you should speak to the extent which, given the circumstances, is both reasonable (e.g. "good morning / evening", "what can I do for you Officer", "may I ask why you pulled me over"...). Should questioning turn accusatory (e.g. if it goes from routine to targeted) then it's time for you to , albeit pleasantly and not like a sanctimonious jerk (e.g. a polite can go something like this: "I understand that you are doing your job Officer and I respect you for it but I also have a job to do and my job is to invoke my rights to remain silent and for a lawyer to be present before I answer any of your questions." Corny? Yes. Quirky? Sure. Effective? Absolutely!).

It's a sad but undeniable fact that in the wink of an eye a given Cop can transform from Officer Friendly to Officer Unfriendly in true-to-life Dr. Jekyll to Mr. Hyde fashion, and when this occurs it's usually (not always but usually) a result of how you actually act or how you're perceived to have acted by a given Cop in a given moment. Where you're perceived as "a sanctimonious jerk" you run the very real risks of first being held in "Contempt of Cop" and then picking up "Gratuitous Charges" (e.g. Resisting Arrest, Obstruction of Justice, etcetera) as well as the potential for a complementary beatdown by a "Gaggle of Gendarme"; so, when it comes to "The Three Cs" (i.e. Cops, Courts and Constitutions), remembering that your odds at a favorable outcome will exponentially increase if you politely and then call will serve your self-interest.

Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending will not only reflect well on you but will provide the client with unwavering, relentless, honest advocacy.

Established in 1991 and with no history whatsoever of any form of professional discipline, is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished, time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous , , , , , , , , , and and representation to it's clientele, primarily in , on matters ranging from DUI to and from to .

At "it's all about Reasonable Doubt"!

YT: www.youtube.com/c/MichaelHaberLaw
FB: www.facebook.com/Miami.Criminal.Lawyer
X / MeWe / TS:
WWW: www.criminallaw.miami
E-Mail: [email protected]
Off.: 1-888-SHARK-8-1
Cell: 305-798-2220

  wishes you and yours a yummilicious start to the 2026-2027 Stone Crab Season and offers you the following PSA of the D...
10/15/2026

wishes you and yours a yummilicious start to the 2026-2027 Stone Crab Season and offers you the following PSA of the Day!

With the Autumnal Equinox having passed, the winds beginning to shift from south to north, the brutal SoFlo Summer heat starting to abate, the apex of Hurricane Season (September 10th) having passed, with Halloween creeping up and today being October 15th, can formally wish you and yours a Happy Stone Crab Season!

Anyone can buy stone crab claws, but if you're one of those folks who's adventurous enough to catch your own claws then I admonish you to follow all rules to the letter of the law... and in that regard I not only offer you this PSA of the Day but I also encourage you to watch 's VideoFAQ # 104) Can I Catch My Own Stone Crab in FL? @ https://youtu.be/yjsC6B6n2mY (Shameless plug: As always I humbly and respectfully ask that if you haven't yet done so then please SUBSCRIBE to , 's VideoFAQ / YouTube channel @ www.youtube.com/c/michaelhaberlaw ).

** Disclaimer ** This video was published in June, 2016, since then several regulation changes have gone into effect (some recreational some commercial) and so if you are going to harvest / trap / collect your own claws then you should make yourself familiar with current rules and guidelines established regarding conservation of marine resources including those effective after VideoFAQ # 104 was published. The most salient of these measures are listed below but please, pretty please even, before you drop (much less pull) a trap or touch a Stone Crab (in the water) take a look at FFWCC's recreational Stone Crab website (note that commercial stone crab rules are different): https://myfwc.com/fishing/saltwater/recreational/stone-crab/

- Stone Crab season no longer ends on Mother's Day (as had been tradition), rather it now closes on May 1st;

- Minimum claw size limit have been INCREASED by 1/8" (i.e. from 2.75" (2¾') to 2 & 7/8");

- The "Daily Bag Limit" is 1 gallon of claws per person or 2 gallons per vessel, whichever is LESS;

- Every plastic or wood Stone Crab Trap must be outfitted with a 2 and 3/16-inch escape ring;

- Recreational harvesters age 16 or older and fisherpersons with traps are required to complete an online, no-cost recreational Stone Crab Trap registration;

- Stone Crab Trap registration numbers must be placed on traps before being used;

- It's legal to harvest both claws from a lone Stone Crab (assuming that both are legal sized) but please (pretty please even) think twice before doing so as removing both claws not only limits a crab's ability to eat (their claws are their primary source for obtaining food) but, more fundamentally, removing both claws leaves a crab with an inability to defend itself from predators;

- While harvested Stone Crab claws grow back the process requires a large amount of food-generated-energy and so leaving one claw attached will maximize the odds that a crab will survive, regenerate it's taken claw and be there for next year's season. (Aside alert: Using "Flag Burning" as an analogy: You have a 1st Amendment right to take a blow torch to The Stars and Stripes but doing so - i.e. setting Old Glory ablaze - doesn't make you a patriot; rather it makes you an as***le. Similarly...);

- All restrictions on Stone Crab harvesting are implemented by the Florida Fish and Wildlife Conservation Commission after it addresses "long-term decline[s] in harvest", that local waters are “likely undergoing overfishing" and in an effort to maintain the Stone Crab population (note that the same logic applies to other fishing or hunting concerns, e.g. freshwater fishing, lobster, deer, turkey, migratory birds, etcetera);

- F.S. 379.407 (Administration; rules, publications, records; penalties; injunctions) establishes "base penalties" for recreational Stone Crab violations, to wit: First time offenders are subject to a 2nd Degree Misdemeanor (punishable by up to 60 days in jail, 6 months of probation, a $500 fine and a permanent criminal conviction) whereas repeat offenders are bumped-up to a 1st Degree Misdemeanor for a 2nd or subsequent offense (punishable by up to 364 days in jail, 12 months of probation, a $1,000 fine and a permanent criminal conviction). A conviction comes with a mandatory Fishing License suspension and each crab / claw comes with it's own separate charge (e.g. you can pick up a count - one charge - for each violation, so if you're in possession of 10 undersigned Stone Crabs claws then you can face 10 separate, distinct charges, one for each claw and worse yet penalties can lawfully be "stacked" / run consecutive to one another);

- You can always go to www.MyFWC.com for definitive guidance on all Florida marine, fishing and land hunting requirements (again, specific to recreational stone crabbing go to: https://myfwc.com/fishing/saltwater/recreational/stone-crab/ );

- Marine Law Enforcement is deadly serious about enforcing all laws, rules and regulations regarding the conservation of marine (and land) resources. If you're nabbed violating of any of the Sunshine State's many conservation laws then Marine Police (be it the Feds - e.g. USCG, DHS, ICE, or other, FWC, County, Municipal or Local Cops), will have no compunction about busting your ass, impounding your catch (and possibly your vessel), putting you in handcuffs, stuffing you into a Squad Car, Perp-Walking you through a Sally Port, into a Jail and costing you weeks, moths and possibly even years worth of emotional, personal and financial expense.

Visual alert: While trying to get a job as a hair stylist Scrappy Coco, Adam Sandler's character in "The Zohan", approaches an obviously nervous young boy sitting in barber's chair and says: "You know, you shouldn't jump around when this nice woman is holding a sharp pair of scissors. If you move she could slip and slice your jugular vein, on accident. There is no way to stitch the jugular. All of your blood will be on the floor in four minutes. I have seen this. I have done this. You don't want this." Similarly, please believe me when I reiterate that "I have seen this. I have done this. You don't want this". The point is that even if you manage to come out on top (e.g. the State drops the charges at Arraignment, you qualify for, enroll in and successfully complete a Diversion Program, you win a dispositive Motion to Suppress or Motion to Dismiss or you're acquitted after a Bench Trial or a Jury Trial) you'll still have "lost", as, similar to a divorce case, in Criminal Court there are no "winners"; rather there are only degrees of losing.

With all of this said once again, wishes you a "scrumdiddlyumptious" (shout out to Roald Dahl) 26-27 Stone Crab Season!

Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending will not only reflect well on you but will provide the client with unwavering, relentless, honest advocacy.

Established in 1991 and with no history whatsoever of any form of professional discipline, is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished, time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous , , , , , , , , , and and representation to it's clientele, primarily in , on matters ranging from DUI to and from to .

At "it's all about Reasonable Doubt"!

YT: www.youtube.com/c/MichaelHaberLaw
FB: www.facebook.com/Miami.Criminal.Lawyer
X / MeWe / TS:
WWW: www.criminallaw.miami
E-Mail: [email protected]
Off.: 1-888-SHARK-8-1
Cell: 305-798-2220

  PSA of the Day!Q: Who looks out for you in the Criminal Justice System?A:  , 24-7-365, 360°!Police Officers are flawed...
10/14/2026

PSA of the Day!

Q: Who looks out for you in the Criminal Justice System?

A: , 24-7-365, 360°!

Police Officers are flawed people, but so too is every other person in every other profession. As human beings each individual Cop is subject to the same frailties as is every civilian (e.g. mood swings, bias', prejudices, stressors, anxiety, time-crunches, boredom, forgetfulness, brainless moments, compassion, empathy, anger, misconduct, misjudgment, prudence, practicality ignorance, ineptness... the list is endless).

That observed, for 35 years has been working side by side with Law Enforcement Officers, albeit usually on opposite sides of a case. Despite occasional tension having inimical roles in an adversary system doesn't necessarily make us enemies; to the contrary many of my closest friends are Police, which is why I know (not "think" but "know") that the overwhelming majority are conscientious, diligent, honorable men and women who strive to do their job in a just fashion and who want nothing more than to finish their shift safely and get home to their loved ones soundly. Still, as the saying goes, "There are two sides to a coin", and little infuriates me more than when, for no discernably good reason, "a Badge" blatantly disregards the very same laws that they regularly enforce against citizens.

The image below is a , allegedly by three members of the Davie Police Department. Unless the image was manipulated / photoshopped then these three Officers willingly chose to park two Squad Cars in Handicapped Parking Spots and sandwich another Police Cruiser in "the seam", atop of the zebra stripes. Noting the concept of "urgency" (i.e. unknown "immediacy of departure" could be imminent and critical - e.g. they may need to skedaddle, stat, perhaps to save lives) things like this are maddening (just like when they do a "quick flick" on the flashing lights, perhaps tap the siren and then take a red, only to turn off the light bar once they clear the intersection) and, sadly, these far too frequently occur. As irritating as routine, relatively minor transgressions are (unless you have a bona fide handicap and must park far from your destination because non-handicapped folk usurped all of your designated parking spots), they pale in comparison to less common situations where a LEO either violates your Constitutional Rights or otherwise commits an unlawful act (be it due to a simple failure, negligence, gross misconduct or those extraordinary situations where a Cop intentionally acts illegally).

Regardless of my respect and admiration for Police and the nature of their job 's primary role is to serve as a "Check-Valve" by examining and challenging everything that The PoPo did, does and will do as it pertains to my client's case. When appropriate I'll secure and scour an Officer's past, review their personnel file or Internal Affairs jacket, pull prior cases and stitch together logical argument which incorporates the same and inures to the client's benefit; but I won't attack a Police witness without just cause and a solid evidentiary basis.

Some view Criminal Court proceedings as a proverbial "kill or be killed" gladiator match but when I do my job (as should every Cop in every Police-Citizen Encounter) it's almost always ("almost", admittedly sometimes it's personal) just business. (Aside alert: In "The Godfather II" Hyman Roth said to Michael Corleone: "I knew Moe, I knew he was head-strong, talking loud, saying stupid things. So when he turned up dead, I let it go. And I said to myself, this is the business we've chosen; I didn't ask who gave the order, because it had nothing to do with business!", which is the point that I'm trying to make.) In my experience most Cops understand and accept this reality. Further, apart from not objectifying the role of Criminal Defense Counsel, most Police want us to serve as that Check-Valve, calling out any of their colleagues who's actions make all Cops look "bad". (Aside alert: If all people were as tolerant and understanding of one another as are most Criminal Lawyers and Cops then the world would be a far more peaceful place. Aside within an aside alert: 's role as a "Check-Valve" for Police conduct doesn't stop with Police; rather, it applies to Prosecutors and Judges, although more often a Prosecutor who, for any of a variety of reasons - again, some nefarious others negligent - violate our client's Constitutional Rights.)

can't go back in time and prevent an "unfair", "bad", illegal or unconstitutional arrest. We can't stop Officer Unfriendly from Arresting you or preclude the State from charging you. We can't either "erase" your statements (be them spontaneous or in response to Police questions) or incrimination actions but there are two things that we can and will do, to wit: We'll consistently arm you with information (i.e. equip you with knowledge) designed to avoid "complications", ease stress and abet the best possible outcome; second, once retained we'll ensure that prior misconduct is addressed and remedied, that no further injustice occurs and that the full panoply of rights afforded to you by the Constitution and Law (be it statutory, procedural or otherwise) are respected by everyone involved in "The Criminal Process" from that moment forward. More specifically:

- Arming / equipping you pre-Arrest: routinely warns you of the damage that you can do (intentionally or inadvertently) to your case by pointing out common snafus together with means and mechanisms at avoidance and chief among these are to " " (i.e. "Shut-Up and Lawyer-Up" / invoke both The 5th and The 6th). If you follow this simple guideline then you'll avoid making Incriminating Statements (e.g. an Admission, Confession or other "Statement Against Interest"); further, both pleasantly and politely doing so will reduce your odds of (be it intentionally or inadvertently) being held in "Contempt of Cop" and picking up "Gratuitous Charges". On the other hand, whether you're rightly or wrongly, actually or perceived as being combative or disrespectful then you can expect a "sliding scale" response corresponding with your level of aggression (again, actual or perceived); worse still not only will this effect you (e.g. Gratuitous Charges result in more expense and exposure and COC can result in a "beat down" by a "Gaggle of Gendarme" who carefully coordinate their testimony to make you responsible for your own situation) but it'll complicate your case and make your lawyer's job far more difficult.

- After-the-fact "restoration to righteousness": Once retained becomes your "Constitutional Champion" tasked with the responsibility of "righting wrongs" and ensuring Due Process (i.e. that any prior mistreatment is addressed, that no further injustice occurs and that the full panoply of rights afforded to you by the U.S. Constitution, Laws and Rules are respected from the moment that we're hired and moving forward). If you allow us to do so then we'll challenge State Evidence and State Witnesses, pursue Defense Evidence, strategically wield the Rules of Criminal Procedure and tactically manipulate the Rules of Evidence in an effort at finding factual, legal, procedural or substantive means and mechanisms to beat or mitigate your case (including employing guile and taking advantage of any Loophole or Technicality that may inure to your benefit). If need be then we'll wield our mastery of the arts of Voir Dire / Jury Selection and Cross-Examination to achieve our preestablished goal (whatever that may be) and all the while we'll be available and accountable to you, the client, for whom we care more than we do ourselves.

Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending will not only reflect well on you but will provide the client with unwavering, relentless, honest advocacy.

Established in 1991 and with no history whatsoever of any form of professional discipline, is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished, time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous , , , , , , , , , and and representation to it's clientele, primarily in , on matters ranging from DUI to and from to .

At "it's all about Reasonable Doubt"!

YT: www.youtube.com/c/MichaelHaberLaw
FB: www.facebook.com/Miami.Criminal.Lawyer
X / MeWe / TS:
WWW: www.criminallaw.miami
E-Mail: [email protected]
Off.: 1-888-SHARK-8-1
Cell: 305-798-2220

  PSA of the Day!"Probation" is "a Court Ordered Community Based Sanction either in lieu of or in addition to a period o...
10/13/2026

PSA of the Day!

"Probation" is "a Court Ordered Community Based Sanction either in lieu of or in addition to a period of incarceration which requires strict adherence to clearly defined conditions during a designated term of supervision"; but as there's much more to it than just a clinical definition today's PSA offers a "nutshell" plan to surviving Probation.

- FULLY VET PROBATION EXPECTATIONS BEFORE YOU BEGIN: You may have a choice (e.g. you willingly accept a Plea Bargain which includes Probation) or not (e.g. you're sentenced to Probation, be it straight up or as a part of a "Split Sentence") but if you're certain as to what's expected of you (e.g. the "conditions" a/k/a "parameters, protocols and rules") beforehand then your odds of successfully completing will exponentially increase.

- KNOW THAT PROBATION QUAQMIRES ABOUND: Having advance knowledge of the many potential pitfalls makes it more likely that you'll avoid those latent traps (e.g. Probation Officers are required to verify employment, the most common method is for them to contact your employer over the phone, show up at your place of work or otherwise notify your employer of your status but if you're prepared then you can ask the Judge to direct you PO to do so "via paystubs", thus avoiding "direct contact").

- SEEK RELIEF IN ADVANCE: If you / your lawyer address matters of concern with your Judge at the time of Sentencing (e.g. asking your Judge to direct your PO to verify employment via paystubs) then many foreseeable "violations waiting to happen" can be avoided (e.g. a you can ask for reduced or a full waiver of "costs of supervision", permission for routine travel, etcetera).

- NIP MISHAPS "LYING IN WAIT" IN ADVANCE: If a problem, issue or complication arises while serving Probation then, like pre-Probation preventative measures and no matter how "bad" it may be (e.g. a relapse that's going to result in a positive Urinalysis), proactively taking the issue to the Judge will almost always serve you better than having to reactively deal with it after your PO files a Violation of Probation and brings it to the Court's attention.

- NEVER (EVER) ARGUE WITH YOUR PO: coined the phrase "Your PO may be the boss of you, but your Judge is the boss of your PO" and we did so to highlight an undeniable fact, to wit: If you and your PO clash then it makes no difference who's actually, legitimately, technically "right" or "wrong". Even when you're 110% compliant and your PO is 110% recalcitrant and regardless of whether you're ultimately vindicated by the Court or not it's you, not your PO, who will lose.

- DO NOT VOP: When it comes to Probation Violations the rules and procedures for a Probation Violation Hearing are very different than those for a substantive Criminal Cases. For instance there's no Right to Bond for a VOP, Judges routinely deny a "VOP Bond" (be it to sweat a Probationer, to make a later Admission more likely or to send a message to other Probationers) and as such you can easily sit (rot) in Jail for months on end waiting for a PVH; the rules in PVHs are lax (e.g. "Hearsay" is admissible); the Burden of Proof is significantly lower (i.e. proof "Beyond a Reasonable Doubt" is the standard in a substantive case but in a VOP the State is held to the "civil standard" of a "Preponderance of the Evidence", or "more likely than not"); and neither Prosecutors nor Judges tend to look favorably upon anyone whom they perceive as having squandered an opportunity to avoid incarceration by willfully and substantially violating any of the many terms of their Probationary Sentence (note that this is especially true where a new Arrest is concerned but it can hold equally true for "minor" technical violations).

- CHANGES ARE THE PURVIEW OF THE COURT, NOT THE PO: If you want to amend, modify, Early Terminate or seek a one time variance while on Probation (e.g. you might want to take the kids to Disney for the weekend, travel to an out-of-State wedding, funeral, etcetera) then remember that "Your PO may be the boss of you, but your Judge is the boss of your PO". Seeking permission from your PO to do X may be the easier, cheaper path but if for any reason anything go awry then as any deal you broker directly with your PO in no way binds either the Court or your Prosecutor you may have a problem.

- PO's ARE PEOPLE TOO: Like everyone else in every walk of life POs are individuals who run the gamut from flexible to stringent. Your PO may choose to turn a blind eye to X, and while they can agree to supervise you in whatever fashion that they wish (e.g. some will suffocate you while others will let you breathe freely) your PO has "supervisory discretion" but that neither binds the Court, the State or a "replacement" (be it temporary or permanent) PO.

- YOU HAVE NO RIGHT TO RELIEF: No matter what relief you seek and regardless of how reasonable it may be your PO, Assistant State Attorney and Judge are perfectly free to say either "yea" or "nay", pretty much universally without any fear of a reversal on Appeal. No matter how inhumanly apathetic, intolerant or stoic they may treat you while you're on Probation unless and until they're replaced by "AI" your PO, Prosecutor and Judge are all in a position of absolute power over you.

- DON'T BE ABRAHAM LINCOLN'S PROVERBIAL FOOL: You yourself must report to your PO regularly and honestly but for anything else (e.g. seeking leave or "permission" for anything, a modification and most especially if it comes to answering a VOP allegation) be sure to Lawyer-Up. No matter how savvy you think you are your lawyer is always (100% of the time) going to be a better, safer advocate for your interests than you're likely to be for yourself. This is so as your Criminal Defense Lawyer should know and have mastered the rules, procedures, protocols and technicalities, all of which skew the odds to your advantage, and this holds especially true where you're called into a Criminal Courtroom to answer to a Judge for a VOP.

- HEED 's TWO FUNDAMENTAL RULES: These "rules" may sound simple (which is by design) but, in practice they can be difficult: First, do what you're supposed to do (when and how you're expected to do it); and second don't do anything that you're not supposed to do. (Aside alert: These "rules" apply to Probation but also to most things in life). If you do (and don't do) this then you should survive Probation (or keep a job, a marriage, etcetera).

- PROBATION IS NOT VACATION: You may have seen someone wearing a t-shirt that says "Came on Vacation Left on Probation", and that's cute, but you're well-advised to take your Probation seriously, because your PO, your Prosecutor and your Judge sure as heck will.

- PROBATION ISN'T FOR EVERYONE. Some folks are not good candidates for an intentionally structured, unforgiving and uncomfortable program that concurrently offers a clear path to successful completion as well as boobytraps and hazards leading directly to incarceration. This is so as while it's designed for success it's also a set-up for failure, and if this happens then it's a proverbial slam-dunk for the State in a veritable Kangaroo Court. In this way Probation can be likened to walking a tightrope without a safety net (e.g. if you stray, even just a little to either side, if you lose your concentration or balance even for a moment then you fall, but instead of landing on the ground you land in Jail or Prison).

- " As a boutique Criminal Defense Litigation Law Firm we thoroughly explain the practical realities of Probation to our clients and we do so before the fact. We discuss individual needs, concerns and wishes with the Client and then we address any relevant issues with the Court, making the experience as palatable as possible. We recognize that the substantive case is over but while our client's are on Probation the possibility of a VOP (and therefore incarceration) remains very real so we remain available to seek amendment, modification, permission, to resolve a potential VOP or to provide a meaningful defense in a PVH until Probation is terminated.

Shameless plug: Shameless plug: If you've not yet done so then please join the 2,849 subscribers to 's YouTube Channel / VideoFAQ at www.youtube.com/c/michaelhaberlaw who've contributed to 764,071 views and which presently contains 419 short, informative and hopefully entertaining "Webisodes" including 20+ beauties specifically dedicated to Probation.

Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending will not only reflect well on you but will provide the client with unwavering, relentless, honest advocacy.

Established in 1991 and with no history whatsoever of any form of professional discipline, is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished, time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous , , , , , , , , , and and representation to it's clientele, primarily in , on matters ranging from DUI to and from to .

At "it's all about Reasonable Doubt"!

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