This week, our firm pulled off a rare victory–we helped our client obtain a sentence of “time served” in a federal criminal case involving an interstate drug trafficking conspiracy. This was the best possible outcome for our client after he was indicted on federal charges that carried a mandatory minimum of 10 years in prison. Even after we negotiated a favorable plea deal that let him plead to a reduced offense, his Guidelines initially called for at least five years in prison.
Instead, he got to go home with his family.
A time served sentence was not the most likely outcome in this case, and it took a lot of work to get there. Our client was accused of helping individuals ship cocaine and drug money between Texas and Georgia, and the Government had significant evidence, including video and audio recordings, cell phone data, and postal records. Time served sentences are also very rare in federal court. According to the most recent statistics from the U.S. Sentencing Commission, over 97% of defendants charged in federal drug trafficking cases receive prison time.
Fortunately, our client trusted us to advocate for him and his family, and we used our experience and expertise in federal court to maximize his chances of getting to go home to his family. In this particular case, that started with fighting to get him a bond, an uphill battle given that we were not hired until later in the case, after he had already been denied bond by the Magistrate Judge. By the time we were retained, our client had been sitting in a rural county jail in Georgia, hundreds of miles away from his family, for five months, facing charges carrying a mandatory minimum of 10 years in prison.
We entered the case, appealed the denial of bond, and convinced a District Judge to release our client pending trial. After we obtained his release on bond, we began developing a strong defense and preparing for trial. Our client was able to help us prepare from his home, rather than a county jail, and he was able to see his son graduate high school. Ultimately, the Government made our client an offer that he felt he could not refuse, allowing him to plead a reduced offense that did not carry any mandatory prison time and would reduce his maximum sentence to around 5 to 6 years.
Our work did not stop there, however, as the initial presentence report in the case recommended around 7 years in prison and recommended enhancing our client’s sentence based on his possession of a firearm in his house that was actually for self-defense purposes. We objected to the report and submitted a detailed, aggressive sentencing memorandum arguing the law and advocating for the lowest sentence possible.
At the sentencing hearing for our client, we argued that a sentence of time served was enough in this case, that neither our client nor society would benefit from him going back to prison. We succeeded in persuading the Government and the Court to reject Probation’s recommendation to enhance our client’s sentence based on his possession of a firearm We also were able to explain to the court how our client’s role in the conspiracy was limited and minor—by knowing the evidence inside and out, we were able to compare our client to specific defendants who had already been sentenced and explain why our client deserved a lower sentence than them.
The judge was clearly persuaded by our arguments. To his great credit, our client also helped himself by complying with his bond conditions once we obtained his release on bond, something the judge noted was important in his decision to sentence our client to time served. More than anything, this case is a good example of how fighting early, even against the odds, can yield a big pay off later.
If you or a loved one is facing federal drug trafficking charges, contact our firm. We can help.
