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The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

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How We Reduced Our Client’s Federal Drug Sentence

March 21, 2024 Uncategorized

How We Reduced Our Client’s Federal Drug Sentence

Getting charged with a federal drug crime can be scary. The penalties are harsh, and the sentencing guidelines are complicated. As criminal defense attorneys, we’ve seen many good people get locked up for years over non-violent drug offenses. So when our client John (not his real name) came to us facing federal drug trafficking charges, we knew we had to fight hard to get him the best possible outcome.

John was a first-time offender accused of mailing a package containing illegal drugs. He was facing a minimum of 10 years in prison under the federal sentencing guidelines. We felt the mandatory minimum was too harsh for his crime. After thoroughly reviewing the discovery and conducting our own investigation, we identified several legal arguments and mitigating factors to get John a lower sentence.

Federal drug sentences are calculated using the extremely complex Federal Sentencing Guidelines. The guidelines assign point values based on the amount and type of drugs, the defendant’s role in the offense, and other factors. More points mean more prison time. John was initially facing a guideline range of 121-151 months (about 10 to 12.5 years). Our goal was to find ways to reduce his sentencing exposure.

One of our key strategies was to challenge how the drug quantity was calculated. We scrutinized the drug lab reports and chain of custody documentation. We identified a break in the chain of custody that cast doubt on the drug weight. After extensive negotiations, we convinced the prosecution to stipulate to a lower drug quantity. This immediately reduced John’s guideline range by 2 offense levels, sparing him up to 27 months in prison!

Next, we made compelling arguments for a mitigating role adjustment under Section 3B1.2 of the guidelines. John was recruited for a single drug shipment by people higher up in the organization. He had limited knowledge and stood to make little profit. We used sentencing data to show defendants with similar culpability routinely receive role reductions. The judge agreed John played a minor role and deducted 2 more offense levels.

Finally, we presented the judge with John’s exceptional background and character references. John overcame a difficult childhood to build a successful small business and support his family. He had no criminal record and volunteered extensively in his community. Dozens of family and friends wrote letters highlighting John’s good heart and strong values. We argued a lengthy prison term would cause serious hardship for John’s family and employees who depend on him.

When all was said and done, the prosecution agreed to a binding plea deal for 72 months (6 years). That’s 4 years below the original guideline minimum and more than 9 years less than the statutory maximum. John and his family were incredibly grateful and relieved. While no amount of prison time is ideal, we achieved the lowest possible sentence under the circumstances.

Federal drug cases can seem hopeless, but skilled advocacy makes a huge difference. As criminal defense lawyers, getting justice for our clients is what motivates us. We study the complex sentencing rules and leave no stone unturned looking for ways to reduce exposure. If you or a loved one are facing federal drug charges, don’t go it alone. An experienced attorney can thoroughly analyze the case and build the strongest arguments to limit prison time. There are always options, even when it seems the deck is stacked against you. Every year less in prison is an incredible victory.

 

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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