Wednesday, March 4, 2015

Serious Charges &Facing Lot's of Time. Do I talk to the Police? ~ "Best Answer" on ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     A 29 y/o White Female in Sarasota, FL is charged with trafficking 4+G Heroin, Possession w/intent 2 sell 10 counts, 1 count of PWID marijuana, Aggravated assault with a gun and trespass with intent, what is she facing in terms of punishment?. She has no prior Felony but is on probation for DUI. The police organized a raid, and they found drugs in her residence, where her and her boyfriend took the Master bedroom and 2 others also lived there. Drugs & paraphernalia were found in community property, not bedrooms. The gun is traced back to a prior murder, but the defendants are not suspects. She's wrapped in that do not rat mentality. I'm clueless.  Please help!

A:   Chosen as "Best Answer" by Asker!


Best Answer
chosen by asker

Let's see...
Unarmed trafficking = 30 yrs. PWID = 15 yrs x 10 counts = 150 yrs. PWID MJ = 5 - 15 yrs (not sure based on proffer) Agg Trespass = 5 yrs... Based solely upon the numbers (which is ugly, but also potentially meaningless) it looks like she faces somewhere between 190 - 200 years in state prison. 

But, with all due respect, your question is irrelevant. The simple fact is that she's in the deepest of trouble (and I've not even brought the firearm into the calculus) and needs a lawyer yesterday.

Shy of that there's little more that I can tell you. She may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in her unique case, I do not know and the forum to find out is NOT on line.

The best way for HER to get competent advise is going to be for HER to consult with an experienced and local criminal defense lawyer who can follow-up on HER information with questions of her/his own, as well as review the police reports and whatever evidence that SHE may provide and then offer an informed opinion.

Still, I hope that I have been helpful in answering your question.
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Posted about 7 hours ago.
Thank you so much, Sir. Since I had no kind of idea, I very much appreciate your in depth response. I am waiting now to hear back from attorneys who I wrote to see if anyone is interested in considering taking on her case. Being my in-law for only 5 years, I've not had the influence I would've like to have had on her--especially so far away this whole time. Will you please consider looking at her case? Going to urge her to talk to detective vs calling her "friends" to "get me out." I believe she hasn't any clue what she's facing. Any idea how much $ to begin w/a lawyer? Arraignment is 3/27. Any suggestions would be so greatly appreciated!!! Wishing you success in all that you do, Sir.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted about 6 hours ago.
You are most welcome.

I am a Miami lawyer and it will likely not be cost efficient for you to have me review / quote fees on a Sarasota case. However, if, after speaking with proximate lawyers you still wish to discuss my involvement then I will be more than happy to have such a conversation. Again, I suggest that you start local.

As for the rest of your comment, please, pretty please, DO NOT URGE HER TO TALK TO THE DETECTIVE. I cannot stress that strongly enough. She should NOT discuss this case with anyone, most especially not with the detective, unless and until she has a lawyer squarely in her corner, fully up to speed and who is formally advising her to do so.

The cops are free to - in fact they are encouraged to - promise the world, and they are required to deliver absolutely nothing in exchange. This is not to disparage all cops, but it is a fact that in most instances they will take her information and she will receive no benefit whatsoever for the same.

This can be avoided by having a lawyer structure a debriefing with the detectives through the State Attorney's Office - which, unlike the cops, IS empowered to both make a bargain and to deliver a benefit thereto from, and, moreover, the same can be done with immunity (limited immunity anyhow), which she absolutely will NOT receive if she speaks to the cops on her own and on their (the cop's) terms. Again, I know that you are trying to help her but please do NOT encourage her to do that.  There is a time and a place for her to tell her story, but the same must be carefully vetted by a skilled and experienced criminal defense lawyer who is on her side and who has her interests (and no one else's) in mind and at heart.

The quicker you get a lawyer (not just any lawyer but the RIGHT lawyer) on board the better.

Her charges are serious and her exposure is great, but rash action is extremely dangerous.

Thank you again for the props, for the kind feedback and for the well wishes.

Please stay on top of those Sarasota area criminal defense lawyers.

Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.

At Michael A. Haber, P.A. "Its all about reasonable doubt".

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


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