DO YOU WANT TO PETITION THE COURT TO HAVE A FEDERAL SENTENCE REDUCED "NEW CRACK LAWS APPLY RETROACTIVELY"
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A federal
sentencing panel has voted unanimously to set new guidelines that
will make sentences for crack cocaine retroactive, a move that
makes more than 19,500 convicted drug offenders currently serving
time in prison eligible for early release.
The decision
by the seven-member U.S. Sentencing Commission will affect a
predominately black group of inmates already serving time by
allowing judges to lessen their sentences by two to three years on
average, an effort to close a gap between sentences for crack
cocaine versus the powder version of the drug.
Offenders,
judges or the director of the Bureau of Prisons can make the
motion to apply for early release, but ultimately, "these
decisions are left to the discretion of federal judges,"
commissioner Dabney Friedrich said.
Career or
very violent offenders, as determined by criminal history and the
nature of offenses committed, are not eligible, but as many as
3,800 inmates who qualify could be released in the first year. The
decision will take effect March 3, 2008.
"This is
not a get-out-of-jail-free card," said commission member
Michael Horowitz. "It will provide a greater sense of
fairness."
Judge William
Sessions, a member of the commission, said at Tuesday's meeting,
"These penalties have had dramatic impact on African-American
families," as more than 80 percent of federal crack
defendants are black.
"This is
a historic day," Sessions said. "The system of justice
must always be colorblind."
The move
comes on the heels of a decision by the Supreme Court, which ruled
Monday to allow judges greater latitude to sentence crack cocaine
offenders to shorter prison terms.
Congress
passed increased penalties on crack cocaine over powder cocaine in
1986, as the crack epidemic led to increased violence and
addiction in U.S. cities. The mandatory minimum sentences for
crack cocaine offenses were the same as those for the mostly white
individuals convicted of possessing 100 times as much powdered
cocaine.
In an effort to reduce the disparity, the commission proposed a
measure earlier this year to reduce crack cocaine sentences by an
average of 27 months. The change went into effect Nov. 1, but was
not applied retroactively at the time.
The
commission has never before retroactively applied a change in
sentencing that would affect so many people, though it has allowed
new sentencing amendments for marijuana-, LSD- and oxycodone-related
offenses to be applied to previously sentenced offenders, most of
whom are white.
Several
groups had come out in favor of a decision to make the guidelines
retroactive, in part because of the fact that federal crack
prosecutions heavily impact blacks.
"Despite
the fact that cocaine use is roughly proportionate among the
different populations of our nation, the vast majority of
offenders who are tried, convicted and sentenced under federal
crack cocaine mandatory minimum sentences are
African-American," NAACP Washington bureau director Hilary
Shelton said at a forum the commission held on the matter last
month.
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Once you request a Free Case Evaluation, an attorney will contact you to discuss the details of your case. These include:
- Interview you or your family to learn your side of the story and evaluate your prison record.
- Evaluate the extent and severity of your case and obtain your judgment and conviction documents
- Get your Pre-Sentence report.
- Determine which course of action will yield the most favorable outcome
- Fully explain all possible ramifications
If you decide to retain legal representation with one of our New Jersey attorneys, your case will be prepared as if it indeed will be necessary to go to trial.
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Your initial consultation is free. Once you have spoken with one of our lawyers, we will estimate a fee based on the nature and complexity of your case. We offer flexible payment plans and can accomodate the needs of most people.
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Please fill out the Free Case Evaluation form on the top left side of this page and we will respond within 24 hours. If you wish to speak with someone immediately, call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.
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