Can the sentencing judge give me a lower sentence than the mandatory minimum for my crime or lower than predicted by my defense attorney?
Mandatory minimum sentences passed by Congress are the one certainty in sentencing. Laws mandating minimum sentences exist for most drug, child pornography, and child abuse offenses, and consecutive mandatory sentences are required for crimes like identity theft, the use of a gun during drug trafficking, assault, and bank robbery. There are two exceptions where a judge can avoid giving you the mandatory minimum sentence required by law. The prosecutor can move the court for a lower sentence if you cooperate in a prosecution or investigation of someone else, or in a drug case only you can qualify as a “safety valve” defendant. Congress created the “safety valve” in 1994 to address excessive sentences for nonviolent drug offenders. It is very difficult to qualify as a “safety valve” defendant, and thousands of nonviolent drug defendants are still sent to prison for decades under mandatory minimum sentencing laws. But a low-level, nonviolent offender who qualifies for the “safety valve” c
