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Q:     Prosecutor is telling me and my attorney that if I set people up, he will recommend a lower sentence to the judge.  My lawyer is telling me that even if the prosecutor doesn’t… Scroll down to read more!

October 30, 2014 / Michael A. Haber /

Q:     Prosecutor is telling me and my attorney that if I set people up, he will recommend a lower sentence to the judge.  My lawyer is telling me that even if the prosecutor doesn’t recommend it he can bring it up the judge and recommend a lower sentence for cooperation. The prosecutor is telling me that he is not putting anything in writing and never will. My lawyer says that the prosecutor is trustworthy and it doesn’t matter if he puts it in writing or not. Can you explain why he will never put anything in writing?

A:   

Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

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Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/prosecutor-is-telling-me-and-my-attorney-that-if-i-1737485.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

Criminal Defense Attorney – Miami, FL

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Kristin D Figueroa-Contreras
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Lawyers agree
Answered . The government is not obligated to enter into any agreement with you, although usually they do, as once you sign a substantial assistance agreement you are screwed 6 ways from Sunday is you fail to perform to standards.

Why does the government not want an agreement? There are many possible reasons. Maybe they do not believe that you can or will actually perform. Maybe they do not wish to be obligated tyo give you any positive recommendation. Perhaps they have a strategic reason like wanting to be able to deny the existence of an agreement. Again, there are many possible reasons.

I’ve been practicing primarily in Miami-Dade County for almost 23 years and I can make 3 observations about your situation: 1) Many folks rue the day that they ever chose to sign off on their substantial assistance agreement (as once you sign it you are locked in, there is no escape and if you fail to perform to the government’s standards then you are likely double dog dead with no where to run), 2) Most prosecutors are in fact honorable (meaning that they probably have a strategic as opposed to a sadistic reason to not want a written agreement with you) and 3) In the off chance that you have a dishonest AUSA who intends to sandbag you then you can take solace in the fact that your lawyer has accurately told you that s/he can petition the court for a deviation based upon oral substantial assistance even in the absence of a written contract with the government.

Have faith in your lawyer, who should be, and most probably is, looking out for your interests.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.

At Michael A. Haber, P.A. “Its all about reasonable doubt”! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

“Like” Michael A. Haber, Esq. @ www.facebook.com/haberpa / follow Michael A. Haber, Esq. @ http://habercriminallaw.blogspot.com




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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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    July 26, 2017

  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

    Leo Gonzalez Avatar Leo Gonzalez
    April 10, 2017

  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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    April 11, 2016

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