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DEA Lawyers Share Advice for Avoiding Harsh Mandatory Minimum Sentences
Getting charged with a federal drug crime can be scary. The penalties are often harsh, with mandatory minimum sentences that seem crazy long. But there are things you can do to help your case and maybe avoid some of the harshest punishments. I talked to some lawyers who work with the Drug Enforcement Administration to get their best tips.
Know Your Rights
The first thing is know your rights when dealing with law enforcement. The DEA lawyers said to always invoke your right to remain silent and ask for a lawyer immediately. Anything you say can be used against you, so keep quiet until you have a lawyer present. Be polite but firm in exercising your rights.
Also know that the police need a warrant or probable cause to search your home, car, phone, etc. Don’t consent to any searches without talking to a lawyer first. And never try to run or resist arrest, as that just makes things worse.
Get a Lawyer Fast
If you do get arrested on drug charges, getting a lawyer should be your #1 priority. A good drug defense lawyer can help get charges reduced or even dismissed. Public defenders are free but very overworked. Better to hire your own lawyer if you can afford it.
The sooner you get a lawyer, the more they can do. Don’t wait until your first court date. A lawyer can negotiate with prosecutors before charges are even filed. They may also find procedural problems that can get evidence thrown out. The earlier in the process, the better.
Consider Snitching
Flipping on your co-conspirators or ratting out your supplier is risky but often rewarded by prosecutors. If you provide “substantial assistance” in investigating or prosecuting others, the prosecutor can file a motion for you to get a reduced sentence under the Federal Sentencing Guidelines.
However, snitching can be dangerous if your partners find out. And there’s no guarantee of a reward – the prosecutor decides whether your help was useful enough. But for major traffickers, flipping can be the only way to avoid a life sentence, so it’s often worth considering.
Plead Out for a Deal
Once charged, pleading guilty quickly can also help reduce your sentence. The longer you take to plead out, the less incentive there is for prosecutors to offer a deal. Pleading guilty early shows you are taking responsibility and saves court resources.
By accepting a plea bargain, you give up your right to trial and appeal. But you also get the certainty of a defined sentence, often much lower than if you lose at trial. With mandatory minimums, the reduction can be significant. So don’t rule out a plea deal just because of the stigma.
Consider a “Safety Valve”
For drug crimes with mandatory minimum sentences, the “safety valve” provision of 18 USC § 3553(f) offers a way out. It applies if:
- You have little or no criminal history
- You did not use violence or weapons
- The offense did not result in death or serious injury
- You were not an organizer, leader, manager, or supervisor
- You fully cooperate with prosecutors
If all five conditions are met, the judge can sentence below the mandatory minimum. The safety valve was meant for first-time, non-violent offenders who got caught up in something bigger. If that sounds like you, be sure to discuss the safety valve with your lawyer.
Ask for the “Booker” Variance
Another option is to ask the judge for a “variance” under United States v. Booker. This 2005 Supreme Court case made the sentencing guidelines advisory rather than mandatory. So judges can impose sentences outside the guideline range if they find it is “greater than necessary” for your situation.
To get a Booker variance, your lawyer must convince the judge that the guidelines sentence is too harsh based on the factors in 18 USC § 3553(a). This is basically an appeal for mercy based on your personal circumstances. It often requires testimony from friends, family, employers, etc. to humanize you. But it can be successful in getting a significant reduction.
Request the “Minor Role” Reduction
If you played a minor role in the drug crime, like just a courier or lookout, you can request a sentencing reduction under the Federal Sentencing Guidelines. This requires showing you were “substantially less culpable than the average participant” in the crime.
Getting the “minor role” reduction can lower your offense level under the guidelines. But you can’t have any significant decision-making authority or control over assets. It depends on the specific facts of your case, so discuss it thoroughly with your lawyer.
Highlight Your Good Character
At sentencing, your lawyer can also present evidence of your good character through letters, witnesses, and your own statement to the judge. This can help humanize you and show you deserve mercy. Highlight positive things like:
- Family ties and responsibilities
- Good employment history
- Charitable activities
- Lack of prior record
- Drug addiction/mental health issues
- Remorse and determination to change
These types of mitigating factors may persuade the judge to go lower than the guidelines recommend. It’s important to work with your lawyer to gather supporting evidence and put your best foot forward.
Ask About Alternatives to Incarceration
Finally, ask your lawyer about alternatives to prison like residential drug treatment, community confinement, or supervised release. The judge may allow substituting rehab for some incarceration time. Strict monitoring at a halfway house is also possible instead of prison.
These options are limited for serious drug trafficking charges, especially with mandatory minimums. But they are worth exploring if you have addiction issues or no prior record. Treatment and rehabilitation can be better than just locking people up.
Facing drug charges and long sentences is scary. But working closely with an experienced lawyer gives you the best chance of avoiding harsh mandatory minimums. Consider all your options, follow your lawyer’s advice, and don’t give up hope.
References
18 US Code § 3553 – Imposition of a sentence
Federal Sentencing Guidelines Manual
2018 Chapter 5 – Determining the Sentence
Federal Rules of Criminal Procedure – Rule 11. Pleas