A lot of people who are charged with serious drug-related offenses are facing 5, 10, 15, and even sometimes, 20-year mandatory minimums, which means that if they plead guilty or if they are convicted in a jury trial, the judge must sentence them to at least the required minimum.

It can often become more than the mandatory minimum, especially in federal drug cases.  So, you start to figure out what we can do to get around that mandatory minimum.

Of course, one way to avoid the mandatory minimum in a federal criminal case is to go to a jury trial and be found not guilty. Then, not only do you avoid the required minimum, but you also avoid any conviction or punishment at all. 

Another way to get around the mandatory minimum is if your attorney can convince the prosecutor to change the charge from one that requires a mandatory minimum to a different charge.  That's not always easy to do. 

Once someone is indicted, it seems very unlikely that the prosecutors will change the charge.  In my experience, that takes place pre-indictment before they indict somebody. 

If the person does something that makes them want to change a charge, they will often make them plead to something different than a sentence with a mandatory minimum. Our California criminal defense lawyers will examine this topic in further detail below.

What is a Federal Safety Valve?

Now, let's discuss the most common way to avoid a federal criminal mandatory minimum sentence: the safety valve. The safety valve allows somebody who meets five criteria to avoid any mandatory minimum sentence. 

One of the criteria is that you have to sit down with the government and give them all of the information related to your responsibility as it relates to the crime that you're charged with: 

• you have to have low criminal history points;
• you can't be a leader/organizer;
• you can't have used a weapon;
• you can't have used any violence.

Understanding the criteria for the safety valve can provide a sense of hope.  If you meet these criteria, you can potentially avoid the mandatory minimum, and even have two levels knocked off your sentence. This relief can significantly reduce the anxiety associated with federal drug cases.

What is a 5K Departure?

The final way to avoid a mandatory minimum sentence in a federal criminal case is to cooperate with the government, which is called a 5K departure. 

You give them information about other people, and they can capture and charge other people, get drugs, get guns, whatever the case may be, and if, in their sole discretion, they decide that you sufficiently cooperated.

If you provide substantial assistance to the government, you can receive a 5K departure. This not only helps you avoid the mandatory minimum but also allows the government to reduce your sentence, making the sentencing guidelines less harsh for you.

What is a Federal Drug Conspiracy?

Federal criminal prosecutions involving drug distribution often include allegations under 21 U.S.C. § 846, a common statute for all drug-related criminal conspiracies.

The concept of a conspiracy charge is an underlying agreement between two or more people to commit a crime. In other words, a conspiracy has three primary elements:

• an agreement to commit a crime
• intent, and
• an act to execute the agreement.

In any federal conspiracy case, there must be an agreement between people to commit a crime. Suppose the intended crime is to sell narcotics prohibited under federal law. In that case, federal prosecutors can file charges against the conspiracy members, called “co-conspirators,” with a violation of 21 U.S.C. § 846.

In addition to an agreement and intent to commit a crime, the conspirator must take an overt act to further the conspiracy. In federal court, the indictment will list the specific overt acts that every scheme member is alleged to have undertaken. 

These crucial “steps” could involve direct action, such as showing up at the drug deal or selling the narcotics. They could also include indirect effort, such as providing another member of the conspiracy with the necessary information or assistance to further the drug conspiracy's success. 

What Are the Penalties for a Federal Drug Conspiracy?

A primary factor in federal drug conspiracy charges is the impact of the federal sentencing law.  For example, there are mandatory minimums and high offense levels in the sentencing guidelines for a drug offense, especially when there are large quantities of narcotics.

This means any defendant found guilty in a federal drug conspiracy case can be exposed to a significant number of years in a Federal Bureau of Prisons facility.

Also, due to the nature of the offense, most defendants charged with these types of drug crimes will be facing an exhaustive criminal investigation from federal law enforcement agencies that will often include video and audio recordings of the alleged drug sales activity. 

This is another reason why it's crucial to have a skilled defense lawyer who can negotiate a favorable settlement agreement with the prosecutor, providing you with a sense of security about your case.

Get Help from a Federal Criminal Attorney

While I've provided you with ways to avoid the mandatory minimum in a federal criminal case, it's crucial to understand that navigating the legal system can be complex and challenging. This is where a skilled federal defense attorney comes in. They can champion your position, guide you through the process, and ensure your rights are protected.

The key to obtaining the best possible outcome on your case could rest on your decision to retain a federal criminal lawyer early in the case process who could negotiate with the government. This early action can make you feel proactive and in control of your situation.

With over 30 years of experience, including working for the prosecutors and handling federal cases nationwide, I bring a wealth of knowledge and expertise to your case. You can feel confident and secure in my representation. 

The United States Supreme Court has admitted me, and I've handled federal cases nationwide.

So, if you're looking for the best, pick up the phone now.  Ask for a meeting with Ron Hedding. The Hedding Law Firm offers a free, no-obligation case evaluation. This is your opportunity to discuss your case, understand your options, and decide if we're the right fit for you.