(183) How to avoid a Trafficking Minimum Mandatory Sentence in FL? HaberPA Miami Lawyer

April 4, 2017 / Michael A. Haber /

Thank you for asking me “How can I avoid a Trafficking Minimum Mandatory Sentence in FL?”

The main distinguishing characteristic of a minimum mandatory – or a “min mand” sentence – is that while you are entitled to get gain time for an overall sentence, when a min/mand is imposed you must first serve the minimum mandatory portion, and the min/mand gets served day for day, without your accruing any gain time or any time off for good behavior.

So how do you get around a min mand?

Well, the best way is to either secure a dismissal or an acquittal, but, failing that, F.S. 921.0026 lists the various permissible “mitigating circumstances”, any of which can result in a downward departure sentence, including by-passing a min / mand term of imprisonment.

In the specific context of drug trafficking cases the most common way to avoid a min / mand is by way of a plea agreement which calls for “substantial assistance”, or cooperation, with the government.

If you agree to be a snitch then you are usually required to first plead guilty and to sign a cooperation agreement. Then, and if you perform to law enforcement standards, you may avoid a min / mand; but, if you don’t perform, regardless of the why of it, well then you probably entered a guilty plea for nothing.

If you have no legal defense to the charges, and if you don’t want to sell your soul to the government, then explore the various mitigating factors with your lawyer.

Maybe, just maybe, a compelling case for a downward departure can be prepared and litigated in your case.

At Michael A. Haber, PA “it’s all about reasonable doubt”!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
https://criminallaw.miami
E-Mail: [email protected] / [email protected]
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: 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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