The Federal Safety Valve Rule Can Avoid Serious Prison Time

Written by:Julian Stroleny PortraitJulian Stroleny

Legislators who want to show their constituents that they are tough on crime push for provisions supporting mandatory minimum sentences. However, this takes the authority away from judges to use their discretion to take into account complex situations that may not merit such a harsh punishment. First-time offenders for drug charges can, in some cases, use the safety valve rule to modify their sentences and make sure they serve less than the minimum sentence. A Miami federal criminal lawyer can give guidance to defendants about how the safety valve works and whether it is applicable in their case.

A defendant may be able to use the safety valve if they are first-time offenders and if the offense was non-violent. He or she must agree to be debriefed by the DEA or FBI prior to sentencing.  Often, the defendant has to give a complete and truthful disclosure at the time of sentencing. A federal criminal defense firm in Miami can make sure that the statement is received no later than the time of sentencing. It should be clear to the court that the defendant has provided all of the necessary information and that the authorities are already aware of all of the details of the case.

In a typical case, the sentence is delivered 90 days after the federal conviction trial. However, in some cases, a district judge may decide to continue the sentencing. There may be some impediments put in place to the debriefing process. When faced with this challenge, a Miami criminal defense attorney can file a motion with the judge requesting that the agents comply with the proffer at a specific date.

However, this proffer does not guarantee that the safety valve option will be available. The defendant has to prove that he has been forthright and truthful in all of his statements. To qualify for the safety valve option, the defendant must cooperate fully with authorities and give all of the relevant information about the case and the people involved with it. If the defendant is seen as fully compliant in the process, the sentence could be reduced from the mandatory minimum.

There are many problems with the concept of mandatory minimum sentencing that politicians may not consider when they pledge that they will be “tough on crime.” These mandatory minimum sentences can be overly draconian in punishing first-time offenders who could otherwise turn their lives around. In addition, it treats all particular cases and offenders as being the same without looking at the specific details of the case. Defendants who face these mandatory sentences have less incentive to work with law enforcement and provide information that makes it easier for officers to find hardened criminals and track down illegal activities. Longer jail sentences often lead to a life of crime rather than enabling offenders to become rehabilitated.

A federal criminal law firm can help defendants avoid mandatory minimum sentencing for first offenses through timely actions and encouraging defendants to make a full disclosure of all information regarding their cases. Finding the right attorney can help defendants avoid overly long sentences and aid them in reclaiming their lives.

Stroleny Law: Criminal Defense Attorney handles a variety of criminal law cases, so call now if you have any questions, (305) 615-1285.

View more contact information here: Miami Criminal Defense Attorney.

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