Why is he the only one being charged with 775.08?
4 attorney answers
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 and I or anyone else - other than the Judge who gets to decide ONLY (again caps intentional) 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
I hope that I have been helpful in answering your question.
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That seems to be a very common question amongst codefendants. The State makes charging decisions based on a number of decisions: ability to prove said offense, level of involvement, criminal history, who the state believes will be their "turncoat" (usually one of the guys will end up striking a sweet deal to go against other co-defs). For whatever reason that was their decision in your case. I'd suggest asking your lawyer what he thinks the reason is, what the evidence suggests, and whether that Defendant will be appearing on their state witness list anytime soon. In terms of fairness, there really is no fairness in how things are charged in the criminal justice system. It often feels random and incredibly unfair. Contact your lawyer and have him help you with your questions and concerns regarding the charges.
The prosecutor has absolute discretion on what to charge and whom to charge. There are many reasons a prosecutor will go after one person and leave another alone. Two of the reasons are laziness and stupidity, but there are many others.
It is impossible to read what is in the mind of the prosecutor other than to have your attorney ask him why you are being treated more severely than your codefendants.