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.

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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 14 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.


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