Let’s talk honestly here. Maybe you or a loved one are staring down a lengthy mandatory minimum prison sentence for a federal or state conviction.
Judges’ hands are tied, assigning certain terms based on predefined laws for serious crimes. It feels pretty hopeless trying to lower harsh incarceration demands drafted by legislators.
We get that minimizing hard times matters for family stability and maintaining livelihood through lower impairments to reputation and opportunity. In this blog, we will discuss the strategies for fighting mandatory minimums and how a federal defense lawyer can help.
Challenging the Constitutionality of Mandatory Minimums
One avenue for relief from mandatory minimums is to challenge the constitutionality of such sentences.
There are several arguments that skilled criminal justice lawyers can make to contest mandatory sentencing statutes:
- Cruel and Unusual Punishment. The 8th Amendment prohibits cruel and unusual punishment. Mandatory minimums may violate this prohibition by prescribing overly harsh sentences without consideration of mitigating factors. However, courts have generally upheld mandatory minimums as constitutional.
- Due Process Violations. Rigid mandatory sentences may violate due process rights and fundamental fairness by preventing judges from imposing just punishments based on case specifics. But most challenges on due process grounds have failed.
- Separation of Powers. Mandatory minimums may violate the separation of powers by encroaching on judicial discretion over sentencing. However, courts have found that legislatures can limit judicial discretion.
While constitutional challenges to mandatory minimums are difficult, they provide one potential avenue for contending these rigid sentences are unlawful.
Filing a Motion for Sentence Reduction
Another option for seeking leniency from a mandatory minimum term is through procedural motions to correct or reduce the sentence after it has been imposed.
Two possibilities criminal defense lawyers may pursue include:
- Rule 35 Motions. In federal cases, Rule 35 allows judges to correct an illegal sentence within 14 days after sentencing. This rule provides a narrow window to argue a mandatory minimum was unlawful.
- Compassionate Release. Under 18 U.S.C. § 3582 and similar Texas statutes, inmates can move for compassionate release based on extraordinary circumstances. However, courts grant such motions sparingly.
Motions to reduce sentences offer limited opportunities for overcoming mandatory minimums. But in exceptional cases, they provide a procedural mechanism for seeking leniency.
Seeking Clemency from the President or Governor
The clemency power vested in the President and state Governors provides another potential reprieve from mandatory minimum sentences.
Through the pardon or commutation powers, the chief executives can reduce or eliminate mandatory minimum penalties:
- The President can grant clemency for federal crimes, while Governors hold this power for state offenses.
- Clemency can reduce a mandatory sentence to time served or provide an earlier release date.
- To obtain clemency, inmates must petition and demonstrate rehabilitation and equity justifying mercy.
While difficult to obtain, executive clemency offers a meaningful avenue for seeking leniency from mandatory minimums when the facts warrant exceptional relief.
Cooperating with Prosecutors and Providing Substantial Assistance
Defendants can potentially earn lower sentences by cooperating with prosecutors and providing substantial assistance in other investigations and cases.
Federal law allows this in two ways:
- Under 18 U.S.C. § 3553(e), prosecutors can file a motion permitting judges to impose sentences below mandatory minimums to reward cooperation.
- Under Federal Sentencing Guideline 5K1.1, substantial assistance allows downward departures from the guidelines range.
By cooperating fully and providing useful information or testimony, defendants may earn the opportunity for more lenient sentences, even below mandatory minimums.
Negotiating a Plea Deal
Since mandatory minimums apply only upon conviction for specified crimes, negotiating an appropriate plea deal provides a critical opportunity to avoid triggering mandatory sentences.
Through plea negotiations, criminal defense lawyers can often persuade prosecutors to:
- Decline to charge offenses carrying mandatory minimum penalties.
- Allow pleading guilty to lesser charges not subject to mandatory minimums.
- Agree to a binding plea deal for a set term below mandatory minimums.
By securing a favorable plea agreement, your defense lawyer can help defendants avoid mandatory sentences and achieve a reasonable outcome based on the circumstances.
Qualifying for the Federal Drug Offense Safety Valve
Under the federal drug offense safety valve statute, 18 U.S.C. § 3553(f), courts can disregard mandatory minimums and sentence certain drug offenders under the sentencing guidelines.
To qualify for safety valve relief, defendants must meet specific requirements, including:
- Having a minimal criminal history with zero or one criminal history point.
- Not using violence or possessing weapons in connection with the offense.
- Providing full disclosure to prosecutors about the offense.
The safety valve provides a critical exception allowing lenient sentences for first-time and low-level drug offenders facing mandatory minimums.
Contacting a Federal Defense Lawyer For Help
Overcoming mandatory minimum sentences is certainly an uphill battle. These rigid penalties are intended to be tough to avoid.
However, through skillful advocacy and negotiation, possibilities exist in appropriate cases for sentences below mandatory minimums.
While mandatory minimums sharply limit judicial discretion, they are not impossible to overcome under the right circumstances. Whalen Law Office in Frisco, TX, can help you explore every potential option for achieving justice and avoiding unduly harsh punishments for clients.
If you or a loved one are facing mandatory minimum sentences, do not lose hope. Visit https://www.whalenlawoffice.com/ to schedule a case evaluation and get help fighting mandatory minimums in your criminal case.
