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When you have a mandatory minimum sentence do you have to serve the sentence in jail or can u serve your time in other ways

Spartanburg, SC |

like drug programs and probation and etc. federal court

Attorney Answers 4


It is specifically dependent upon the statute that you have violated. Some minimum mandatory sentences may be subject to probation and parole, others are not. A sentence that requires incarceration could be served on house arrest with electronic monitoring, in a halfway house, in an inpatient drug program that has adequate security, or even weekend incarceration.

My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.

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All "mandatory minimum" sentences under federal law require the service of a term of imprisonment. However, (1) there are several ways in which to avoid a mandatory minimum sentence in most cases; and (2) if the mandatory minimum sentence is imposed, the person will be have to opportunity to earn an early release by Good Conduct Time, Resident Drug Abuse Program (if applicable), Residential Re-entry Center placement, etc.
-Joshua Sabert Lowther, Esq.
(866) 380-1782

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You would have to serve the majority of a mandatory minimum sentence, a drug treatment program may help with part of it. Mostly, you need a lawyer to advise you on your case and help find strategies to deal with the case.

This response is for informational purposes only and is not offered as legal advice.

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As mentioned above, if you have a mandatory minimum sentence, the chances are that you will spend a good chunk of that time in a Federal Prison. Depending on the nature of your history and charges, you may qualify to have some of that time served in a treatment program or halfway house. You should consult with a lawyer regarding the specifics of your case and charges to get a more definite answer.

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