The First Step Act and Its Impact on Federal Drug Sentencing

When facing the daunting challenge of federal drug charges, you may feel overwhelmed by the complexity of the law and the potential consequences. Federal drug laws are notoriously strict, and navigating them requires a firm understanding of not only the law but also recent reforms that could impact your case. One such reform is the First Step Act, a piece of legislation that has made significant waves in the federal criminal justice system. Understanding its provisions and how it may affect sentencing for federal drug offenses is crucial for anyone dealing with such charges.

At Perlman Defense Federal Criminal Lawyers, we understand how to work through the federal court system. We also know that two people charged with the same criminal incident could still have markedly different cases. That is why we customize our defense strategy to meet the needs of our clients. Learn more about federal drug sentencing reforms below. Then, contact us to schedule a free case consultation.

What is the First Step Act?

The First Step Act, signed into law in December 2018, is a bipartisan criminal justice reform bill aimed at improving fairness in sentencing, reducing recidivism, reducing the federal prison population, and easing the reentry process for individuals released from federal prison. While the law addresses various aspects of the federal criminal justice system, one of its most notable impacts has been on federal drug sentencing, changing criminal justice outcomes.

This legislation represents a shift in the federal approach to sentencing, focusing more on rehabilitation and less on punishment, especially for non-violent offenders. However, it’s important to note that the First Step Act does not erase criminal charges or eliminate sentences; rather, it provides mechanisms for relief and promotes opportunities for a second chance.

How Does the First Step Act Impact Federal Drug Sentencing?

For individuals charged with or serving an imposed sentence for federal drug crimes, the First Step Act includes several key provisions that could be transformative. Let’s break these down into accessible terms:

1. Reduced Mandatory Minimum Sentences

Mandatory minimum sentences for certain drug offenses have long been criticized for their rigidity and disproportionate impact on minority communities. The First Step Act sought to address this issue by reducing mandatory minimum sentences in some cases. For example:

• The mandatory minimum for a "third strike" drug offense was reduced from life imprisonment to 25 years.
• It expanded the “safety valve” provision, allowing more individuals to avoid mandatory minimum sentences if they meet specific criteria.

This change reflects an acknowledgment that the one-size-fits-all approach of mandatory minimums often led to excessively harsh penalties, particularly for non-violent drug offenders. This could apply to those charged with drug conspiracy or drug manufacturing.

2. Retroactive Application of the Fair Sentencing Act of 2010

Is the Fair Sentencing Act retroactive? One of the most significant impacts of the First Step Act is its retroactive application of the Fair Sentencing Act of 2010. The Fair Sentencing Act reduced the sentencing disparity between crack and powder cocaine offenses—a disparity that had disproportionately affected Black Americans.

Before the Fair Sentencing Act, the law treated one gram of crack cocaine as equivalent to 100 grams of powder cocaine for sentencing purposes. This 100-to-1 ratio was reduced to 18-to-1 in 2010, but the reform did not apply to individuals sentenced before the law’s enactment. The First Step Act changed that, allowing thousands of individuals serving outdated sentences for crack cocaine offenses to seek reduced sentences. It might also apply to those facing drug trafficking or drug smuggling charges.

3. Expanded Compassionate Release

The First Step Act also expanded opportunities for compassionate release, a process allowing incarcerated individuals to be released early for extraordinary and compelling reasons, such as terminal illness or advanced age. The law streamlined the process for requesting compassionate release and reduced the burden on inmates by allowing them to petition courts directly rather than relying solely on the Bureau of Prisons.

This provision is especially important for individuals serving lengthy sentences for non-violent drug offenses, providing an avenue for relief in cases where continued incarceration is no longer necessary or justifiable.

4. Incentives for Rehabilitation

The law introduced a system of earned time credits, incentivizing inmates to participate in educational programs, vocational training, and other rehabilitative activities. These credits can be used to reduce the amount of time an individual spends in prison or to transition to a halfway house or home confinement sooner.

This emphasis on rehabilitation represents a significant departure from the punitive model of the past. By focusing on equipping individuals with skills and support to reenter society successfully, the First Step Act aims to reduce recidivism and create better outcomes for those impacted by the criminal justice system.

Who Benefits Most From the First Step Act?

While the First Step Act provides hope for many, it’s important to understand its scope and limitations. The law primarily benefits non-violent offenders, particularly those convicted of drug-related offenses. Individuals who meet the criteria for retroactive sentence reductions, compassionate release, or earned time credits are among the most likely to see positive outcomes.

However, the law does not apply universally. For instance:

• It excludes individuals convicted of certain violent crimes or high-level drug trafficking offenses from some of its provisions.
• Relief under the First Step Act is not automatic; individuals must often petition the courts or demonstrate eligibility for specific benefits.

This underscores the importance of having a knowledgeable attorney who can navigate these complexities and advocate effectively on your behalf.

Why the First Step Act Matters for Federal Drug Cases

The First Step Act represents a shift toward a more balanced approach to federal sentencing, particularly for drug offenses. However, its implementation is not without challenges. Many individuals eligible for relief under the Act may be unaware of their rights or face procedural hurdles in pursuing them. Additionally, courts have discretion in granting relief, meaning outcomes can vary significantly depending on the jurisdiction and the specifics of the case.

For those facing federal drug charges or serving sentences for such offenses, understanding the First Step Act is crucial. Here’s why:

• Potential Sentence Reductions: If you’re already serving a sentence, you may be eligible for a reduction under the Act’s retroactive provisions or compassionate release guidelines.
• Strategic Defense: If you’re currently facing charges, the provisions of the First Step Act can play a critical role in crafting a defense strategy aimed at minimizing potential penalties.
• Focus on Rehabilitation: The Act’s emphasis on rehabilitation can provide hope for a brighter future, even in the face of serious charges.

How an Experienced Federal Defense Attorney Can Help

Navigating the federal criminal justice system is a complex and often intimidating process, particularly when dealing with drug charges. An experienced federal defense attorney can be your greatest ally, ensuring that you fully understand your rights under the First Step Act and exploring every available avenue for relief.

Here’s how an attorney can assist:

• Evaluating Eligibility: Determining whether you qualify for sentence reductions, compassionate release, or other benefits under the First Step Act requires a thorough understanding of the law and its application to your specific circumstances.
• Petitioning the Court: Whether seeking retroactive relief or filing for compassionate release, the process involves detailed paperwork and legal arguments. An attorney can handle these complexities on your behalf.
• Advocating for Your Future: From negotiating plea agreements to presenting mitigating factors at sentencing, a skilled attorney can leverage the provisions of the First Step Act to advocate for the best possible outcome in your case.

Contact Our Federal Drug Crimes Lawyer for a Free Case Consultation

Facing federal drug charges or seeking relief under the First Step Act can be a daunting journey, but you don’t have to navigate it alone. By understanding the opportunities and limitations of this landmark legislation, you can take proactive steps toward a better outcome. Whether you’re fighting charges or seeking a second chance, having the right legal support can make all the difference.

The First Step Act is more than just a piece of legislation; it’s a sign of progress and a reminder that change is possible. If you or a loved one is impacted by federal drug laws, Perlman Defense Federal Criminal Lawyers can help you. We can help guide you through the process and fight for your rights. Contact us today for a free case consultation.