Austin Criminal Attorneys

Mandatory Minimums

Mandatory minimums have been in the news a lot recently. They have been a source of controversy since they were enacted by Congress in 1986. Mandatory minimums force judges to deliver a fixed sentence for individuals convicted of a crime, particularly drug crimes. They do not take into account culpability (deserving blame or censure) or other factors.

A mandatory minimum sentence takes into account three basic factors: the type of drug, the weight of the drug mixture or alleged weight in conspiracy cases, and the number of prior convictions an individual has. A judge is unable to consider other factors such as the offender’s role, motivation, and the likelihood of recidivism (repeated or habitual relapse).

A judge can only reduce an individual’s sentence by providing “substantial assistance” to the prosecutor. This is information that aids the government in prosecuting other offenders. This provides a huge incentive for an individual to provide potentially false information in order to receive a shorter sentence.

The drug laws were intended to target “king pins” and managers in massive drug distribution networks; however, the United States Sentencing Commission reports that only 5.5% of federal crack-cocaine defendants and 11% of federal drug defendants are high level drug dealers. This is because the high level dealers have information to trade in for shorter sentences.

Fortunately, the Supreme Court recently ruled that the guidelines set forth concerning mandatory minimums are actually guidelines. They upheld lower sentences that were handed out by two different judges. This allows lee-way for future judges to relax the guidelines and take culpability into account.

If you have been charged with a drug crime and are facing a federal minimum, contact the Austin criminal defense lawyers of Morales & Navarrete at 512-474-1499 to discuss your case and to determine the best course for your defense.