Marcilliat & Mills PLLC
  • Home
  • About
    • About Us
    • Meet the Team
    • Blog
    • Video Library
    • Our Accolades
  • Practice Areas
    • Criminal Defense
    • Federal Criminal Defense
    • Child Pornography
    • Drug Trafficking
    • Medicaid Provider Fraud
    • Sex Crimes
    • White Collar Crimes
    • View All+
  • Case Results
  • Reviews
  • Serving
    • All of North Carolina
    • Raleigh
    • Wilmington
    • Charlotte
    • Asheboro
    • Brunswick County
    • Cary
    • Chapel Hill
    • Clayton
    • Cumberland County
    • Durham
    • Duplin County
    • Fayetteville
    • Hoke County
    • Gaston County
    • Gastonia
    • Granville County
    • Greensboro
    • Laurinburg
    • Lee County
    • Leland
    • Mint Hill
    • Moore County
    • Nash County
    • Selma
    • Scotland County
    • Smithfield
    • Randolph County
    • Rockingham County
    • Vance County
    • Wilson
  • Contact
  • En Español
Free Consultation
Phone (919) 838-6643

NORTH CAROLINA CRIMINAL DEFENSE ATTORNEYS A TRACK RECORD YOU CAN TRUST

SCHEDULE A FREE CONSULTATION

Greater Discretion For Federal Judges In Sentencing

October 09, 2013 | Federal Crimes

The current safety valve allows judges to sentence below mandatory minimum levels for a non-violent drug crime. Bills introduced in both the House and the Senate this year would expand the use of the safety valve beyond just drug crimes and would give relief to judges and defendants facing overly-punitive mandatory sentences.

A prison sentence is, among other things, intended to punish the individual. However, mandatory minimum sentences are often overly punitive, putting a non-violent offender in federal prison for years because of the constraints of federal sentencing laws.

Mandatory minimums were enacted as a way to get tough on crime, but have contributed to the overcrowding of prisons, the ballooning expense of the Department of Corrections and the destruction of families as one parent or partner is sent away for several years. The proposed act would allow judges to sentence below mandatory minimum levels if:

  • The mandatory minimum would end in an over-punishment for the crime
  • Notice is given to both the defendant and the prosecutor that the judge intends to sentence below mandatory minimums
  • The judge makes specific findings as to why the lower sentence was appropriate

There has been little movement on the bills since introduced in both houses of Congress; both headed to committees within their respective branches this spring. However, the need for increased sentencing discretion is still very real as the Justice Department implements its own plan to avoid charging offenses that would trigger mandatory minimum sentences when appropriate.

For more information, please see: Sentencing Discretion For Judges? A Look At The Current And Proposed Safety Valve Acts

SCHEDULE YOUR

FREE CONSULTATION

This field is for validation purposes and should be left unchanged.
All Fields Required *

Recent Articles

  • What’s the Difference Between Medicaid and Medicare Fraud?
  • Different Types of Bail Bonds in North Carolina
  • Should You Turn Yourself In to the Police in North Carolina?
  • What Is the Difference Between Being Detained and Arrested in North Carolina?
  • How Do I Beat a Simple Assault Charge in North Carolina?

Categories

  • Criminal Defense
  • Criminal Justice
  • Domestic Violence
  • Drug Crimes
  • Drunk Driving
  • Federal Crimes
  • Firm News
  • Internet Sex Crimes
  • Medicaid Fraud
  • Murder
  • Safety Tips
  • Sex Crimes
  • Social Justice
  • Weapons Charges
  • White Collar Crimes

Archives

  • 2026
  • 2025
  • 2024
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010

SCHEDULE YOUR

FREE CONSULTATION

All Fields Required*
This field is for validation purposes and should be left unchanged.

A TRACK RECORD YOU CAN TRUST
Phone (919) 838-6643
Office Location
WILMINGTON
272 N. Front Street,
Suite 330,
Wilmington, NC 28401
Get Directions
RALEIGH
19 W. Hargett Street,
Suite 700,
Raleigh, NC 27601
Get Directions
CHARLOTTE
112 S Tryon St,
Suite 500,
Charlotte, NC 28202
Get Directions
Phone (919) 838-6643
Office Location
WILMINGTON
272 N. Front Street,
Suite 330,
Wilmington, NC 28401
Get Directions
RALEIGH
19 W. Hargett Street,
Suite 700,
Raleigh, NC 27601
Get Directions
CHARLOTTE
112 S Tryon St,
Suite 500,
Charlotte, NC 28202
Get Directions

Copyright © 2026, Marcilliat & Mills PLLC|
All rights reserved |

  • Privacy Policy
  • Disclaimer