Avoiding Mandatory Minimum Sentences in Philadelphia

Avoiding Mandatory Minimum Sentences in Philadelphia

Facing criminal charges is scary enough, but the possibility of mandatory minimum sentences makes it even worse. As a Philadelphia criminal defense lawyer, I’ve seen how these harsh sentencing laws take away judges’ ability to consider mitigating factors and give fair punishments.

In this article, I’ll explain how mandatory minimums work, provide examples, and most importantly – give advice on how to avoid them.

What are mandatory minimum sentences?

Mandatory minimum sentencing laws require judges to give fixed prison terms based solely on the charges, with no discretion to go lower based on circumstances. So even for a first-time, non-violent offense, the judge’s hands are tied when it comes to giving less jail time.

These laws shifted power from judges to prosecutors. By choosing what charges to file, DAs now also decide the mandatory minimums that defendants will face if convicted.

Examples of mandatory minimums in Pennsylvania

Here are some examples of charges carrying mandatory prison sentences under Pennsylvania law:

• Drug trafficking and distribution crimes – 2-4 years minimum
• Violent crimes like robbery – 5 year minimum
• Illegal gun possession – 5 years
• “Three strikes” laws – 25 years to life for 3rd felony

As you can see, even low-level charges can bring multi-year mandatory minimums. Which is why avoiding them is so important.

How to avoid mandatory minimum sentences

The best way to steer clear of mandatory minimums is being proactive early on:

1. Get an experienced criminal defense lawyer

An aggressive defense lawyer intimately familiar with these sentencing laws is key. They can spot problematic charges immediately and start working to get them dropped or reduced to avoid minimums.

A good lawyer knows all the options available – diversion programs, possible defenses, sentencing alternatives etc. They’ll leave no stone unturned fighting the charges.

2. Negotiate diligently with prosecutors

Skilled lawyers have working relationships with DAs and can negotiate effectively. Often they can convince prosecutors to reduce or dismiss charges carrying minimum sentences.

Making compelling legal and ethical arguments against minimums can persuade DAs to show mercy – especially for first-time or low-level crimes.

3. Explore every defense possible

From challenging the legitimacy of evidence to arguing self-defense – smart lawyers use any viable defense to defeat serious charges.

This removes the risk of mandatory minimums completely. But it takes an experienced litigator to spot issues and build a convincing defense.

4. Take cases to trial if needed

While risky, taking a case to trial gives the best chance at a “not guilty” verdict. Even if convicted, judges regain full discretion at sentencing after trial.

So competent lawyers aren’t afraid of trial and use it as leverage in negotiating with prosecutors.

Mandatory minimums are much less likely after a full trial.

5. File appeals if necessary

Getting the wrong judge can mean a stubborn adherence to mandatory sentencing, no matter the circumstances.

In those cases, appeals to higher courts are necessary. Appellate judges are often more reasonable and can override unfair sentences.

Don’t lose hope

The threat of multi-year prison sentences is terrifying. But having an aggressive lawyer gives you the best chance at avoiding mandatory minimums.

Through legal skill and determination, mandatory sentences can often be prevented. So don’t lose hope and make sure to get experienced legal help right away.