When it comes to federal sentencing in criminal cases, one of the most crucial strategies for you and your attorney is to present all mitigating information about your circumstances. The concept of a minor role in the offense is a key element in this strategy, as it can significantly reduce your sentence.
As you may already know, if you're in the midst of your federal criminal case, the lower your levels are, the less sentence you're potentially facing from the judge. One way to get a couple of levels knocked off your sentence is if the judge finds that you played a minor role in the subject offense that you're being charged with and what that has to do with is not being a leader/organizer; not having decision-capability in the case and a host of other important factor that either do or n relate to your particular situation.
A perfect example where a minor role can be argued is in a drug organization where a number of people are arrested. One of the parties is simply a mule who moves the drugs from one point to another, doesn't even know what type of drugs they are and is being paid a very small fraction of money a compared to what the leader/organizer of the drug organization is making, or even other players who are selling the drugs and making a profit off that.
So, what you're doing is comparing the role and the offense to other people who were involved in the offense. If it's just a single offense and the person is alone, a minor role is not going to be applicable.
However, if multiple people are involved in the criminal activity and the person attempting to claim a minor role is a minor player in the criminal enterprise, then that would certainly be a good starting point for arguing a minor role. If the judge grants the minor role, then two levels will be taken off the sentence. This can be a significant reduction and mean a number of months in federal custody at 85% being taken off if the judge grants the minor role, giving you hope for a more favorable outcome.
Federal Judges Have Discretion to Determine Sentence
When it comes to federal sentencing, the judge plays a pivotal role in determining the sentence. While they have the discretion to impose any sentence they deem appropriate, they must consider the sentencing guidelines, review all relevant paperwork, hear the parties present their arguments, and consider the evidence. However, the judge ultimately has the final say.
The concept of a minor role in the offense is a valuable asset for a federal criminal defense attorney. It provides an additional factor that can be used to secure the least possible sentence for your client in a federal case.
What ends up happening is, when you're arguing this minor role in a federal case, you're comparing yourself or your client, if you're the defense attorney, to other individuals in the offense.
So, obviously, if you have ten individuals in an offense, for example, and nine of them are more responsible, doing more, and have more discretion in making decisions than your client.
You have a pretty good argument that the person is playing a minor role in the offense. If, on the other hand, there are only three people involved and everybody seems to be doing the same thing, you're going to have a tough road trying to argue a minor role in the offense.
So, this is one area that can be utilized in the right case and if you have a federal criminal case pending you're going to want to sit down with your attorney and let them know your role in the offense and obviously give them other people that might have been involved in the offense so they can help you to try and get the lowest possible sentence.
Arguing Minor Role With Federal Prosecutor
Another good source, believe it or not, is that the prosecutor also has all the information and can confirm with the judge that, in the example of a drug enterprise, you were merely a mule in moving the drugs.
You only got $1,500.00 to do it, and other parties made much more money and were much more involved — had much more decision-making authority than you. That would certainly be a strong argument if the prosecutor is willing to give that information. Their confirmation can significantly influence the judge's decision, empowering you and your defense.
Often, they really don't have any choice, because when you argue the minor role at sentencing, the judge will turn to them and say, 'Did he give him the accurate information here? ' Did this person just play a minor role? Is that what they did? What about other people?
Additionally, another entity that can be beneficial in gathering information to support this minor role is the probation department. They will prepare a report for the judge, evaluating the facts and circumstances of the case, by speaking with the defendant and the prosecutor. This often involves gathering the necessary information and ammunition to support the minor role argument, providing you with a sense of reassurance and confidence in your defense.
Although I don't see it often, I have occasionally observed that they indicate to the judge that they believe a particular defendant played a minor role in an offense. Obviously, that makes it much more likely that the judge will grant the departure and reduce those two levels in a federal sentencing.
Hedding Law Firm
16000 Ventura Blvd #1208
Encino, CA 91436
213-542-0994
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