Legal Question in Criminal Law in Florida

My husband is looking at federal possession with intent charges for "crack". The charge holds a man/min of 10 years. His lawyer says the prosecutor will not not recognize that my husband did not use his firearm in connection with his offense therefor he is not eligible for the safety valve. He already signed the plea which didn't offer him much just stated that he was not getting the safety valve and what the man/min was. Is there anything he can do? He has a concealed weapons license and an invoice showing he bought the firearm over a year before his offense.


Asked on 4/10/11, 6:51 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Federal law, for sentencing and safety valve purposes, only requires that there is a connection between the firearm and the drugs. The fact that he has a license and legally owned the gun is totally irrelevant for safety valve. If there were drugs and a gun around, then he could lose the safety valve. It doesn't mean his lawyer can't argue it though. He needs to discuss this further with his attorney.

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Answered on 4/10/11, 7:19 pm


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