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If a defendant is sentenced to serve on a charge that requires a mandatory minimum sentence does a judge have the right under certain circumstances to reduce the original sentence?
No, that is why it is called a MANDATORY minimum sentence.
Can a judge impose less than a mandatory minimum sentence?
No, that is why it is called a MANDATORY minimum sentence. The judge has no discretion.
Is it possible for a mandatory minimum sentence to be reduced?
Yes, it is possible for a mandatory minimum sentence to be reduced under certain circumstances, such as through a plea bargain, cooperation with authorities, or successful appeal.
Is mandatory sentencing and mandatory minimum sentencing the same thing?
Mandatory sentencing and mandatory minimum sentencing are related but not identical concepts. Mandatory sentencing refers to laws that require a specific sentence or range of sentences for certain crimes, leaving little to no discretion for judges. Mandatory minimum sentencing specifically establishes the lowest possible sentence that can be imposed for a particular offense, ensuring that offenders serve a minimum amount of time in prison. While both aim to standardize sentencing, mandatory minimums focus specifically on the minimum threshold.
Can a first time non violent felony offender in broward county Florida appeal their minimum mandatory sentence of three years to try and receive less time?
The answer lies within the question. "Minimum MANDATORY" - means the judge has no option to sentence less. The sentence was set by the state legislature.
Is a fixed penalty binding in law?
If a statute imposes a mandatory minimum sentence of incarceration, then yes, it is "binding" meaning a judge cannot impose a sentence less than that minimum.
Does a federal district court judge have the authority to sentence less than the mandatory minimum in a felony drug case for a 1st time offender?
No. A "mandatory" minimum is exactly what its name implies. The judge has no discretion and MUST impose the minimum set by the statute.
Can a mandatory sentence be reduced?
Not likely. It is, after all, the very minimum. But they may get early release with good behavior.
Which type of plea bargain often allows a defendant to avoid a mandatory sentence?
Charge bargaining would allow avoidance of a mandatory minimum, if the prosecutor were to amend the charges to a crime that did not carry the mandatory sentence. For further information see the related link below.
Doe a mandatory ever get reduced to no jail time?
Technically speaking, a person convicted of a crime for which a mandatory minimum sentence is handed down will serve that minimum sentence or higher, depending on several factors. But oftentimes a Defendant will plea guilty to a lesser offense where he may get less than the mandatory minimum, if any, jail time. Beleive it or not, plea offers are presented by the Government, and can often be negotiated by the defense. It is up to the Defendant whether to accept the offer.
What is the sentence for selling drugs?
In Georgia the sentence is a maximum of 30 years and a minimum of 10 years. There is a mandatory $200,000 fine.
What is the minimum sentence in Virginia for using a gun in the commission of a felony?
In Virginia, the minimum sentence for using a firearm in the commission of a felony is five years. This sentence is mandatory and is served consecutively to any other sentence for the underlying felony. Additionally, if the firearm is used in a violent crime, the penalties may be more severe.
