Sentences with phrase «below mandatory sentencing»

If the state has substantial evidence against you, I will go into negotiating mode, working with the prosecutor to obtain a plea bargain that is below mandatory sentencing.

Judges have limited discretion to sentence below a mandatory sentence, even when evidence supports doing so.

Not exact matches

Any point total over 44 points means that a state prison sentence must be imposed unless the prosecutors agree or the judge chooses to depart below the mandatory prison term as called for by legal guidelines.

Wrong as the court's order may be under Montana law (and it seems from the press coverage and statements by attorneys involved that the sentence is unlawful as it is far below the mandatory minimum), the judge can not just change his ruling.

R v. Nasogaluak, 2010 SCC 6 where Andrew Lokan and Danny Kastner represented the Canadian Civil Liberties Association at the Supreme Court of Canada and successfully argued that sentence reductions, even below mandatory minimum sentences, ought to be available as a remedy for unconstitutional state conduct in the criminal justice process.

«The Court of Appeal said that that was a perfectly appropriate type of sentence and that there was no reason to go below that mandatory minimum, nor could they think of a scenario where it could be warranted,» says Brown.

Well... I think Thomas's closing was just a little sloppy — he should have said that the the judge made two errors: using judicial fact finding to boost the sentence and then going below a mandatory guideline regime.

Bellin's piece, headlined «Waiting for Justice: One man's seven - year wait for a trial reveals the ways mandatory minimums distort our courts,» spotlights how mandatory minimum sentencing statutes lurked below this (not - so) remarkable case.

Earlier this year I started to correspond with Caleb Mason concerning his effort to preserve a sentence imposed below a federal mandatory minimum in the face of a government appeal.

The safety valve also restores a partial measure of judicial discretion, allowing a judge to sentence below a statutory mandatory minimum, should the judge believe the sentence is too harsh for the offense committed...

In relation to native title see: ibid, pp128 - 132; Native title report 1999, Chapter 2; In relation to mandatory sentencing: see below.