If you've been charged with a crime in Tennessee, it is
important to consider the role of mandatory minimum sentencing in your case.
For instance, for certain drug charges, you may be required to face years in
jail if you're found guilty. For this reason, if you find yourself facing a
mandatory minimum sentence, it is important that you speak to a qualified
criminal defense lawyer in Tennessee as soon as possible. A criminal defense
attorney like Sam Muldavin with Muldavin Law Firm PLC can help you build a strong case or negotiate a plea deal that can
lower your charge to a less serious crime—thus preventing you from facing
mandatory minimum sentences.
According
to FAMM,
mandatory minimum sentences are determined by Congress and not by the judge
that presides over your case. Mandatory minimum sentences apply to a variety of
crimes, including drug offenses, pornography charges, and certain economic
crimes. When mandatory minimum sentencing laws don't apply, the judge that
presides over sentencing will determine your sentence. Many factors can be
taken into consideration when a judge has a say about your case. For instance,
your prior criminal record or lack thereof can be considered.
Mandatory
minimum sentencing laws originated in the 1970s when lawmakers wanted to reduce
crime rates. Forced minimum sentencing was seen at the time as a good deterrent
for serious crime. The idea was also to increase fairness across districts. A
person charged for a drug crime in Tennessee would face the same sentencing as
someone charged with a drug crime in New York, for instance. Yet, in the 1980s,
mandatory minimum laws were extended to apply to a range of crimes, including
drug offenses. The result was the growth of the prison population. States also
began to establish mandatory minimum sentencing laws. In many cases, these laws
sent people to jail for life for small, non-violent offenses. Mother Jones recently published a
list of the crimes that sent people to jail for life. The list includes crimes
such as trying to cash a stolen check, shoplifting three belts, and making a
drunken threat to an officer while handcuffed in the back of a cop car. Due to
mandatory minimum sentencing laws, these individuals were sent to jail for life
without the possibility of parole. Judges had absolutely no discretion in
reducing the sentence. In essence, mandatory minimums send non-violent
offenders to jail for long periods of time and often fail to succeed in their
mission to keep streets safer.
If you're
facing mandatory minimum sentencing, you have a few options. Your criminal
defense lawyer may be able to negotiate a plea deal for you which could reduce
your charge to one that allows the judge greater discretion in the length of
your sentence. A criminal defense lawyer like Sam Muldavin with Muldavin Law Firm can also help you build a case to
establish your innocence. There are many ways a case can also be dropped in
court. For instance, if evidence was gathered improperly or if you were
arrested without proper grounds, your case may be dismissed.
If you're
facing charges, a qualified criminal defense lawyer may be able to assist you
in getting the best outcome for your criminal case in Tennessee.
No comments:
Post a Comment