If you’re facing federal drug charges in Florida, understanding the First Step Act could significantly impact your case. This bipartisan legislation, signed into law in 2018, brought meaningful reforms to federal sentencing guidelines and prison conditions.
While it doesn’t eliminate mandatory minimums, it provides new opportunities for sentence reductions and early release for certain offenders. The changes particularly benefit those charged with nonviolent drug offenses, potentially reducing lengthy prison terms.
What the law changed for drug offenders
The First Step Act directly addressed some of the harshest aspects of federal drug sentencing. Before this law, judges had little flexibility when imposing sentences for drug crimes.
The Act created several significant changes, such as:
- Reducing mandatory minimum sentences for certain nonviolent drug offenses
- Expanding the “safety valve” provision, allowing judges to sentence below the mandatory minimums
- Making the Fair Sentencing Act of 2010 retroactive, addressing the crack/powder cocaine sentencing disparity
- Increasing good time credits from 47 to 54 days per year of the imposed sentence
If you’re charged with a low-level drug offense and have a limited criminal history, you might qualify for relief. The changes particularly benefit those facing crack cocaine charges, as the law finally addresses the racial disparities.
How to qualify for relief
Not everyone facing federal drug charges benefits from the First Step Act. Eligibility depends on several factors that need careful evaluation. You may qualify for sentencing relief if:
- Your offense involves a nonviolent drug crime
- You have a minimal criminal history
- You didn’t use violence or possess a weapon during the offense
- You weren’t an organizer or leader in the criminal activity
- You fully cooperate with the authorities
The Act also created a risk assessment system called “PATTERN” that evaluates your recidivism risk. This system determines your eligibility for early release through participation in rehabilitation programs. However, certain high-level drug offenses are disqualified, so understanding where your case falls is essential.
What the First Step Act doesn’t do
While the law brought significant reforms, it’s important to understand its limitations if you face federal charges. The law doesn’t:
- Eliminate mandatory minimum sentences completely
- Apply to state drug charges (which make up the majority of drug cases in Florida)
- Automatically reduce sentences without court intervention
- Benefit those convicted of certain disqualified offenses
Many of the sentencing reforms aren’t retroactive, meaning they don’t help those already serving time. Additionally, many criticize the law for excluding too many inmates and for disparities in calculating good-time credits.
The First Step Act is complex, and determining how it might apply to your federal drug case requires skilled guidance from a knowledgeable criminal defense attorney who understands its opportunities and limitations.