Tuesday, October 21, 2014

Lobster / Poaching / Wringing / Lobster Trap / Undersized Lobster / Wring Lobster / Over the Limit Lobster / Michael A. Haber, Esq. **ARRESTED / **305DUI

50 y/o Jorge Vargas was caught red-handed off of Fiesta Key wringing (for those of you who may be unfamiliar, "wringing" is a forced separation of the head and tail by counter-wrenching the carapace) lobster 267 tails, 246 of which were undersized, and this marks his 3rd lobster related arrest in as many years.  

The Judge is holding Vargas on a warrant from an unresolved 2011 lobster case and has set his bond in this case at $1,400,000.00 (or $5, 243.45 per lobster).

I suspect that that Vargas will be sitting for a while.

Memo to the folks:  Whatever crime you may commit if you get caught, then don't repeat, and definitely don;t three-peat.

Neither prosecutors, nor judges nor juries appreciate that.


And by help (apart from therapy) I mean some form of "mitigation"

Florida Statute 921.0026 lists a series of "statutory mitigators" any one of which, if pled and proven by the Defendant and then found to be applicable and so ordered by the Judge (with a written order explaining the basis for the ruling), will permit a lawful downward departure from the permissible sentencing guidelines range, even over an objection by the State.  If a bona fide basis exists then these same "tools" can be used in any criminal case to seek leniency in sentencing.

Sentencing is complex.  In fact, in many cases sentencing is more complex than the guilt phase.

Memo to Jorge:  You need a sentencing expert.  Big time.  

Established in 1991, Michael A. Haber, P.A. has an unblemished record of providing creative, effective and zealous representation to clients, primarily in South Florida, on a wide variety of criminal matters 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.

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