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How Mandatory Minimums Apply to Boston Federal Drug Cases

March 21, 2024 Uncategorized

How Mandatory Minimums Apply to Boston Federal Drug Cases

Dealing with drug charges in Boston can be really scary, I know. Especially when the Feds get involved, things can get real serious, real fast. The laws here are no joke and you absolutely need a good lawyer on your side. I want to walk you through how mandatory minimums apply to federal drug cases here in Boston so you understand what you’re up against.

First off, mandatory minimums are what they sound like – the least amount of time you’ll spend behind bars if convicted of certain drug crimes. They limit how much discretion judges have in sentencing. There are mandatory minimums for possession, trafficking, distribution, manufacturing – you name it. They depend on the type and weight of the drugs involved. Let’s break it down:

Possession

If you’re caught with personal use amounts of drugs like marijuana, cocaine, heroin, etc., you may face federal charges. Here are some examples of mandatory minimums for possession:

  • 5g of meth – 5 years
  • 28g of crack cocaine – 5 years
  • 500g of powder cocaine – 5 years
  • 100g of heroin – 5 years

So if you’re caught with a small amount of drugs for personal use, you could be looking at least 5 years in federal prison. The maximum can go up to 20 years too.

Trafficking & Distribution

If you’re caught dealing drugs, the mandatory minimums get much higher. We’re talking 10+ years usually. For example:

  • 50kg of marijuana – 10 years
  • 500g of cocaine – 10 years
  • 1kg of heroin – 10 years
  • 280g of crack cocaine – 10 years

These minimums assume no prior record. But if you have a prior felony drug conviction, the mandatory minimum is 20 years. Yikes!

Manufacturing

Making drugs like methamphetamine is very risky business in the eyes of the law. While there are no specific mandatory minimums for manufacturing, you can expect at least 10 years if convicted.

How Much Time Will You Really Do?

Now I know what you’re thinking – mandatory minimums suck! And you’re right, they do. But here’s the thing – you will often end up serving less than the minimum. How is that possible?

Well, there’s something called the “safety valve” which lets judges sentence below the mandatory minimum if you meet all these requirements:

  • No prior felony convictions
  • Non-violent offense
  • Minimal role in the offense
  • Fully cooperated with prosecutors

If you qualify for the safety valve, the judge can sentence you based on federal guidelines instead of the mandatory minimums. This really saves people’s bacon in drug cases!

The other way to get below the minimum is by providing “substantial assistance” to the government. This means you agree to snitch on other people involved in exchange for a lighter sentence. Not everyone is willing to do this, but it is an option.

How Can a Lawyer Help?

Having an experienced federal drug crimes lawyer on your side can make all the difference. Here are some of the ways we can help:

  • Negotiate with prosecutors for charges with no or lower minimums
  • Argue for the safety valve to apply to your case
  • Fight against unfair sentencing practices
  • Explore all alternatives to mandatory prison time

The bottom line is – don’t just accept what the government tells you about mandatory minimums. There are always options, and a good lawyer will fight tirelessly to get you the best possible outcome. Don’t leave your fate to chance. Call me today to start building your defense.

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Todd Spodek

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

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