The first time my son got into some legal trouble, I didn't hire an attorney. I figured that he would just get a slap on the wrist and that he should accept his punishment, and that's what happened. The second time he got into trouble, I had to hire an attorney. I knew that since he had a record, the judge would not be so lenient about his punishment and he could suffer some serious consequences that could haunt him for his entire life. If you have a troubled child, my blog could help you understand the value of hiring an attorney for him or her.
the value of hiring an attorney for your troubled child
Mandatory Minimums In Criminal Charges: What They Are And What You Can Do About Them
Owen Bertrand
No matter how you feel about mandatory minimums, they're still a reality. If you don't know what they are and how they work, they can come as quite the surprise if you're facing a criminal charge.
What Mandatory Minimums Mean For You
A mandatory minimum is a sentencing technique whereby you receive a prison term of set length. The key to mandatory minimum sentencing is the word "mandatory." That means even if the crime seems petty or exists on the lower end of the spectrum, you will still receive at least what the minimum sentence is.
For example, various types of drug charges come with a mandatory minimum. So, hypothetically, if the minimum is five years in prison, you will receive five years in prison, even if you're found with only a miniscule amount of the drug.
There are federal mandatory minimums, but each state may also have its own list of mandatory sentences. When dealing with a charge that carries a mandatory minimum, it's rarely possible to receive anything less than the mandatory minimum if convicted.
In general, mandatory minimums often apply to the following:
- Drug charges
- Gun related charges
- Sex crimes
- Some violent crimes
DUI/DWI charges sometimes fall under mandatory minimums as well.
Bypassing a Mandatory Minimum Sentencing
Unfortunately, there are very, very few ways to bypass a mandatory minimum. In most cases, if convicted, you will receive the mandatory minimum and possibly even more time on top of it. For federal cases, there are two ways to bypass a mandatory minimum.
- Substantial assistance/cooperation (with downward departure)
- and the "Safety Valve" program
Both of these things are extremely difficult to use in your defense, but they still represent a small possibility. It's possible for some state's with mandatory minimums to have similar ways to bypass said minimums, but it's not a given.
Speak to an Attorney Immediately
You should speak to a criminal defense attorney, like Russ Jones Attorney At Law, for any criminal charge, no matter what it is. If you're facing a charge with a mandatory minimum sentence, then it's especially important that you speak to a legal professional. There's no guarantee, but a lawyer is your best chance to achieve one of the following outcomes:
- Have the charge dropped
- Have the charge reduced
- Receive the mandatory minimum and no more
Also, a lawyer that practices in your area will know if there are any ways to bypass the mandatory minimum. These minimum charges can seem bleak and grossly unfair. Unfortunately, they do exist, and it's easy to become entangled in the system because of them. Speak to a criminal defense attorney about your options.
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