I would like some information as to how to appeal a mandatory minimum sentence. Please inform me how someone is able to get under this sentencing.

Get Legal Help Today

 Secured with SHA-256 Encryption

I would like some information as to how to appeal a mandatory minimum sentence. Please inform me how someone is able to get under this sentencing.

Since there was a case in the news where a celebrity was only given a year and a half but had prior convictions and should have been held to the mandatory minimum law but wasn’t how can a normal citizen has to do the time?

Asked on June 27, 2009 under Criminal Law, Iowa

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It doesn't work that way.  A lot of factors are involved -- judges still have some discretion on mandatory minimums -- the laws are not necessarily set in stone, the efficacy of the defendant's lawyer, the desire for a conviction by the prosecutor, the seriousness of the crime, etc.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption