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
E-Mail: [email protected] / [email protected]
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