My husband is charged with conspiracy to deliver over 500 grams of meth he has never been in trouble he fully cooperated with the DA but we can only afford the public defender and he says that my husband is gonna get 57 months which is the minimum for the level he is on and my husband signed a plea agreement but the PD says the judge will still do the sentencing and he told us 1st that my husband would be able to remain free and report to prison on specified date but now he says that they are gonna take him into custody before sentencing because of some statute. Is that true or could he possibly be able to stay out until at least his sentencing date? Thank you
There are circumstances where pre-sentencing detention is mandatory, unless the defendant meets some extremely hard-to-meet requirements. See https://www.law.cornell.edu/uscode/text/18/part-II/chapter-207 for the statutes on detention.
The safety valve is at 18 US Code, Section 3553(f) (https://www.law.cornell.edu/uscode/text/18/3553) and at US Sentencing Guidelines, Section 5C1.2 (https://www.ussc.gov/guidelines/2018-guidelines-manual/annotated-2018-chapter-5#NaN). Those are the elements required to get any safety valve relief for the time being.
I hope this was helpful. Bon courage and good luck to you all.
This answer DOES NOT create an attorney-client relationship, and DOES NOT address the many specific and confidential variables needed to provide adequate legal advice. This answer is ONLY general guidance.
The Safety Valve provides for a 2-level reduction to the otherwise applicable sentencing guidelines range, and it allows a court to impose a sentence below any mandatory minimum term of imprisonment if appropriate. The Safety Valve criteria that a defendant must meet are stated in 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2. Also, the Bail Reform Act requires a district court to detain a defendant who's pled guilty or who was found guilty of a drug crime pending sentencing and imposition of sentence. However, 18 U.S.C. § 3145(c) allows a court to release such defendant for "extraordinary" circumstances. Of course, the district courts around the country vary greatly in their interpretation and employment of the release statute. – Joshua Sabert Lowther, Esq., Atlanta, GA.
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