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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.

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