If You Are Facing a Non-Violent Drug Offense Learn How You Can Use the Federal Safety Valve Exception to Avoid Mandatory Minimums

If You Are Facing a Non-Violent Drug Offense Learn How You Can Use the Federal Safety Valve Exception to Avoid Mandatory Minimums

The “federal safety valve exception” might be a strange phrase but it can be very helpful if you are facing non-violent drug charges. Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation with a federal defense attorney.

The purpose of the federal safety valve exception

The federal safety valve exception is designed to help qualifying non-violent drug offenders avoid mandatory minimum sentences. For example, before this exception was in place, if you were arrested for a federal drug crime involving a certain amount of a specific drug, you could be facing a mandatory minimum of five or ten years.

This was a truly mandatory sentence in which the judge had no discretion and was required to sentence everyone convicted of qualifying crimes to the minimum sentence associated with that crime. Today the law has changed, in part in an effort to reduce recidivism and increase rehabilitation.

Qualifying for the federal safety valve exception

Not everyone who is charged with a drug crime qualifies. You must have either no criminal record or a very minor record, you must cooperate with the government and tell them everything you know about the crime you are being charged with, you must not have had any firearms with you during the crime, and no violence can have occurred during the commission of the crime.

There are a few other requirements for a total of five, but the ones mentioned above are the most essential.

How to impose the federal safety valve exception

If you meet the qualifications, you can go to the U.S. Attorney and state your qualification. This could entitle you to probation with no jail time, or perhaps one year in jail instead of ten. This is a significant thing to do.

Contact a criminal defense attorney to determine if you qualify

As you can see, the difference between qualifying for this exception and not qualifying for it could mean years or even decades in prison. If you have been charged with a federal drug crime and believe you qualify for this exception, contact Chambers Law Firm at 714-760-4088. We will start with a free legal consultation to go over your case and determine what your options are.

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