Im on federal supervised release but am facing a charge of conspiricy to distribute over 500 grams of methanphetamine and was federaly indited in June 2012. I have a trial date of jan. 2013. I have absolutly no prior criminal history in my past. and would the safety valve progam apply to me? Answer: The conspiracy charge is very significant and carries a mandatory minimum sentence, so of course you should be consulting with an attorney as soon as possible. Your question is a little unclear because I don't see how you can be on supervised release but have no criminal history at all. I assume you have a conviction if you are supervised release. The Safety Valve provision allows the judge not to impose a mandatory minimum sentence and, where there is no mandatory sentence, is sometimes made available by the prosecutor as part of a plea agreement. Safety valve is available under certain conditions only. One of them is that you have no more than one criminal history point. Typically, when you commit a new offense while on supervised release, you receive two criminal history points just for that, so that would disqualify you; other conditions apply as well, but this is the one that most often prevents people from getting the benefit of safety valve. (There are some highly technical arguments about whether a court *must* find that you get two criminal history points for committing your new offense while on probation, but they are too complex to address here). Even if you were eligible for safety valve, probation would be highly unlikely given the charges.
This is a very serious charge as I'm sure you realize. If you have a trial date already set for January then you must have an attorney or a federal public defender representing you. They should be able to explain all this to you. I wish you the best of luck.
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The conspiracy charge is very significant and carries a mandatory minimum sentence, so of course you should be consulting with an attorney as soon as possible. Your question is a little unclear because I don't see how you can be on supervised release but have no criminal history at all.
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AuthorSteven Brody is an experienced Los Angeles Federal Defense Attorney . Please send your question to steve@stevebrodylaw.com. Archives
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