The Department of Justice is set to release 6,000 inmates with a non-violent
drug charge from federal prison between Oct. 30 and Nov. 1, 2015. These
actions resulted from a decision made in
2014 to reduce potential punishment for future drug offenders by the U.S. Sentencing
Commission that includes retroactive enforcement.
After the initial release, an estimated 8,500 inmates are to be released
through Nov. 1, 2016. Overall, this movement could lead 46,000 out of
100,000 non-violent drug criminals to ultimate freedom. This is a great
step forward for American society as a whole as we change our focus from
mass incarceration to rehabilitation for drug offenders. Below is a breakdown
of FAQ’s regarding the so called
“Drugs Minus Two” amendment.
How did the Drug Law Change?
Traditionally, a numeric system is used to sentence drug offenders to federal
prison, based on criminal history, type of crime, involvement of weapons
(especially guns), and level of leadership in the group of drug users
and sellers. A non-violent drug charge is now considered two levels lower,
taking down the average drug charge prison time from 10 to eight years.
It is labeled “Drugs Minus Two” in reference to the two level
reduction. Beginning Oct. 30, 2015, the law will go into effect retroactively,
releasing all prisoners who now qualify for a reduced sentence or have
over served considering the new law.
Is the Release Automatic?
No, although in most cases, inmates who file, do so because their case
applies. A judge can deny an applicant if there were questionable actions
mentioned in the initial trial, but in most cases, inmates are denied
based on inappropriate behavior during their incarceration period, post drug charge.
Do Inmates Need a Lawyer?
Although it is not necessary, the legal system encourages applicants to
hire an attorney who is familiar with
criminal defense and
drug charges. If a loved one has been excessively sentenced for a non-violent drug
charge and there is a chance “Drugs Minus Two” could apply
to their case,
contact Kyle Law Firm servicing
New Braunfels and
Seguin. The skilled attorneys at Kyle Law Firm can handle any drug charge, whether
you have a loved one in prison, or you have just received your first drug charge.