Legal Question in Criminal Law in Texas

First time offenders

If someone is convicted of a crime there is no proof but just hearsay(I think it was called conspiracy) is there some kind of new law(I think apprendi law) that can be used for first time offenders to reduce the sentence. this person pleaded guilty to and was sentenced to five years because they were told they could get 10 years if pleaded innocent and was found guilty.


Asked on 1/28/01, 9:55 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: First time offenders

1. You are apparently inquiring about a conviction in the federal system;

2. You are apprarenlty inquiring about a drug crime as those are the ones most likely to have 5 and 10 year minimums;

3. The United States Sentencing Guidelines provision which will allow a judge to sentence a first-offender to less than the statutory miminum is called "safety-valve" eligible.

4. Apprendi prohibits the judge from sentencing to more than the statutory minimum or to impose time based upon factors outside the original charges to which a guilty plea was entered.

5. There are other factors such as status, acceptance of responsibility and type of drug which may reduce the impact of the USSG and statutory miniumus.

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Answered on 3/12/01, 5:10 pm


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