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
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
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted less than a minute ago.
My pleasure. Ty for the +++ feedback!
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