Can a Mandatory Minimum Sentence Be Reduced or Avoided?

The possibility of a mandatory minimum sentence is terrifying. Unlike a standard sentence where a judge has full discretion to consider all of the circumstances of the case, mandatory minimums set strict rules: a specific minimum number of years in prison for certain offenses, no exceptions.

However, despite the name, in some cases, mandatory minimum sentences can be avoided or reduced in two ways: by providing “substantial assistance” to police and prosecutors or through what’s called the “safety valve” exception.

As experienced federal criminal defense attorneys, Whalen Law Office has helped many clients develop strategies to mitigate these mandatory minimum sentences. Read on or contact us today to discuss your options.

What Are Mandatory Minimum Sentences?

Mandatory minimum sentencing laws require judges to hand down a minimum prison term for people convicted of certain criminal offenses. They began decades ago to promote consistent and harsh punishment for serious crimes like murder or rape.

In the 1980s and 90s, mandatory minimums expanded significantly, especially for drug crimes. The justification was largely deterrence–the idea being that five or ten years for a drug offense would scare potential dealers and traffickers.

Today, these unyielding sentences still apply primarily to drug convictions but can also apply to weapons charges, child pornography cases, and some fraud-related crimes.

Where Mandatory Minimums Often Fall Short

While mandated sentences are meant to deter crime and curb judicial leniency, they have significant drawbacks:

They Disregard Case Circumstances

Mandatory minimum laws eliminate a judge’s typical discretion when considering mitigating circumstances. As a result, defendants are often met with unfair or excessive sentences given the specifics of their case.

They Drive Mass Incarceration

Experts across the political spectrum now blame mandatory minimums for the unprecedented expansion of the U.S. prison population. By forcing judges to impose harsh sentences for a wider range of offenses, they have filled prisons without reducing crime.

They Unfairly Punish Certain Demographics

Finally, mandated minimums have had a disproportionate impact on minorities and low-income communities. Harsher punishment for crack versus powder cocaine is one oft-cited example. The inflexibility of mandatory minimum sentencing has driven these disparities.

The Two Ways to Avoid a Mandatory Minimum Sentences

Federal law provides two narrow exceptions that potentially allow defendants to avoid mandatory minimum sentences: the “safety valve” and “substantial assistance” provisions.

Meeting Safety Valve Requirements

The safety valve exception, codified in 18 U.S.C. § 3553(f), allows a sentencing court to disregard a statutory mandatory minimum sentence for certain low-level, nonviolent offenders convicted of specific drug offenses.

To qualify for the safety valve, a defendant must meet five criteria, including having a limited criminal history, not using violence or weapons in the offense, not being an organizer or leader, providing truthful information to the government, and ensuring the offense did not result in serious injury or death.

The “Substantial Assistance” Method

Under 18 U.S.C. § 3553(e) and Rule 35(b) of the Federal Rules of Criminal Procedure, a sentencing court may impose a sentence below the statutory mandatory minimum if the defendant has provided substantial assistance to the government in investigating or prosecuting another person.

This exception requires a motion from the prosecution, and the court’s authority to reduce the sentence is based solely on the defendant’s assistance-related factors.

These exceptions provide limited avenues for defendants to receive sentences below mandatory minimums, either by meeting specific criteria as a low-level offender (safety valve) or by cooperating substantially with the government’s investigative or prosecutorial efforts (substantial assistance). However, these exceptions are subject to various requirements, limitations, and judicial discretion, as the relevant statutes and rules outline.

Get Counsel From Federal Defense Attorneys

Effectively presenting a case for relief from mandatory minimums requires the experience of skilled federal defense attorneys.

At Whalen Law Office, we can help build strategies to avoid or mitigate harsh mandatory minimum penalties.

Our team of experienced federal criminal defense lawyers can:

1. Carefully evaluate a client’s circumstances to determine eligibility for the safety valve exception, gathering necessary evidence to demonstrate compliance with all five criteria.
2. Advocate persuasively for our client’s substantial assistance to the government, highlighting the significance, truthfulness, and extent of their cooperation.
3. Negotiate with prosecutors to obtain motions for reduced sentences under the substantial assistance provisions.
4. Effectively present mitigating factors and legal arguments to the court, maximizing the potential for a sentence below the mandatory minimum.
5. Protect our client’s rights and ensure proper consideration of all relevant factors, including constitutional challenges, when appropriate.

If you or a loved one are facing charges that could trigger mandatory minimum prison terms, reach out today to discuss your options.