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Q:     Why is he the only one being charged with 775.08?   A group of 4 men committed the same crime.  They all have the same prosecutor and they all have more or less the… Scroll down to read more!

Q:     Why is he the only one being charged with 775.08?   A group of 4 men committed the same crime.  They all have the same prosecutor and they all have more or less the same criminal background.  Yet, the prosecution only wants to enhance penalty 775.084/ORDER:PSI in one of them. Why?
A:     Chosen as “Best Answer” by Asker on www.AVVO.com
Answered Frankly the “why” of it isn’t really relevant for 2 reasons: 1) the prosecutor has the discretion to seek to enhance who they want and to seek NOT (caps intentional) to enhance who they want (and there is nothing that you or I or anyone else – other than the Judge who gets to decide ONLY (again caps intentional – can say or do about it) if the prosecutor has properly, lawfully sought and proven the enhancement) and 2) if he was served with a notice of enhancement then his stakes have just gotten a whole heck of a lot steeper (he’s facing minimum-mandatory time). 

That said I can offer 3 suggestions as to why: a) he may be the only one who qualifies for enhanced sentencing (the other 3 may not have sufficient priors), or b) perhaps he was (ion the prosecutors mins) more culpable than the other 3 or, c) maybe the other 3 either flipped and provided information to the State or confessed and made it easier (as opposed to him) for the government to do its job. 

Following is a link to the enhancement statute: Please see: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.084.html


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….more
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Asker
Posted about 2 hours ago.
Your answer was so clear! Thank you for answering
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted less than a minute ago.
My pleasure. Ty for the +++ feedback!
Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.


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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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