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Federal Sentencing | Chicago Attorney Michael P. Schmiege

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Federal Sentencing

Do you need a criminal defense attorney in Chicago? Contact our experienced criminal defense attorney's 24/7 for a FREE consultation.

Federal Sentencing

The federal sentencing guidelines are extremely severe and can result in a very lengthy sentence. Based upon the amount of narcotics charged in the case there are five and ten year mandatory minimum sentences. Those mandatory minimum sentences are doubled in cases where you have a previous conviction for a drug offense. You need a Chicago criminal lawyer to represent you.

How do you avoid a mandatory minimum sentence for a federal drug crime? There are only two ways. The first is to risk your life and your family’s life by ratting out your co-defendants or other individuals involved in the drug trade and by providing “substantial assistance” to the federal government. Section 5K1.1 of the U.S. Sentencing Guidelines allows a judge to grant a lower sentence to a defendant whom the prosecutor says has given substantial assistance. In most cases for this “substantial assistance” downward sentence to apply you would not only need to provide the government information about people involved in the drug trade you would also be required to testify against them in court.

Chicago Criminal Lawyer Fighting Against Mandatory Minimum Sentences

The other way that you can avoid a mandatory minimum federal drug charge sentence is through what is known as the “Safety Valve.” Safety valves are laws that were created by Congress that allow federal courts to give a defendant a sentence in prison less than the mandatory minimum requires. However, the Defendant must meet certain criteria in order to qualify for the safety valve. An experienced Chicago criminal attorney can help you get the safety valve.

Below are the required criteria to satisfy the “Safety Valve,”

  • no one was harmed during the offense,
  • the offender has little or no history of criminal convictions,
  • the offender did not use violence or a gun,
  • the offender was not a leader or organizer of the offense, AND
  • the offender told the prosecutor all that they know about the offense

If the Defendant meets the above requirements than the court can sentence the Defendant without regard to any mandatory minimum requirements.

Chicago Criminal Defense Attorney Michael P. Schmiege handles federal drug crime cases and has experience getting Defendants the “safety valve” and obtaining sentences below the statutorily mandate minimum sentences in federal drug crime cases.

Contact Chicago criminal lawyer Michael P. Schmiege if you are facing a federal drug charge and are seeking a sentence below the mandatory minimums.

Drug Crimes
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He understood that I made a mistake but it didn’t define who I was...

"I am so appreciative of the help and support that I received from Michael and his team members! They truly helped me figure out my case and I got outstanding results. If anyone can help you get great results, it’s Michael. I had an immigration issue as well and he worked with my immigration lawyer to help find the best solution. He understood that I made a mistake but it didn’t define who I was. I definitely don’t want to go through any of this again but I’m glad that I had the support to get through this."

M. Peterson
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Michael Schmiege represented me on my Theft charge and I was found not guilty!

"Mr. Schmiege is well respected by the court because he is a very honest man. He was very kind and respectful to me. His fees were reasonable. His office is very easy to find, and his staff is very helpful."

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Never over-promises, but definitely delivered more than we had hoped for.

"Michael Schmiege is an excellent attorney. He is honest, diligent and gets great results. If you find yourself in need of a lawyer, he is great at what he does. Never over-promises, but definitely delivered more than we had hoped for. His team will help you all the way. Answers all your questions promptly and clearly states what to expect. I highly recommend Michael and his team. They CAN and will help!"

C. Underwood
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