Understanding the myriad factors that judges and prosecutors consider in federal criminal cases, particularly those leading to lengthy sentences, is crucial. One of the most significant factors is whether the crime committed carries a mandatory minimum.
For example, certain theft offenses have a 2-year mandatory minimum if they're aggravated. Also, certain drug crimes have a 10-year mandatory minimum if you have enough of the drug.
There are a number of other situations where mandatory minimums apply.
Obviously, one of the biggest things you want to do if you're facing one of these mandatory minimums is either win the case at a jury trial or, if you can't win the case, then usually, your best course of action is to cooperate with the government.
Cooperation with the Government
Cooperating with the government can be a game-changer. If successful, providing substantial assistance can lead to the elimination of the mandatory minimum, resulting in a significantly reduced sentence. However, some may feel they cannot cooperate due to safety concerns or lack of information.
- I'm not going to cooperate because I don't want to risk anybody finding out and my life will be in danger, or,
- I simply don't have the information to cooperate.
Many say that even if I wanted to, I wouldn't have anybody to give information about, and I wouldn't be very helpful to the government.
If any of those are the case, so be it, but then you're going to have to swallow that mandatory minimum, probably.
Receiving the mandatory minimum doesn't mean the judge will stop there. Additional time can be added to your sentence. This is why it's crucial to have a skilled criminal defense attorney by your side, as they can make a significant difference in the outcome of your case.
Sentencing Enhancements
Another aggravating factor that can cause you to get lengthy is if any enhancements apply to your crime. For example, in a theft crime, if you steal over a certain amount of money, they can add additional time to your sentence.
In sex crime offenses, mandatory minimums can apply, and obviously, there are also aggravating factors that can apply to give you a more lengthy sentence. In addition, they're going to look at your criminal history:
- Do you have a criminal record?
- If so, what is it for?
- Does it relate to the current offense?
That criminal history is another crucial factor when the judge evaluates the sentencing guidelines as they relate to you.

So, you can obviously see there are a number of ways to get a lengthy sentence in a criminal case. They're also going to look at what you did.
The federal government is going to file the case based on what information they have that you committed a crime.
Then they're going to offer you a plea agreement, which is probably going to be based on what type of offense you've committed and what aggravating factors apply and whether or not you have a criminal history.
So, if you have a federal criminal case and you don't want a lengthy sentence, call us.
Ask for a meeting with Ron Hedding. I've been doing this for almost 30 years. I know how to handle federal cases. I know how to put the pieces in motion to get you the best result. With the right legal representation, there's always a chance for a positive outcome.
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