Law Updates

Federal Safety Valve: The Supreme Court Dramatically Reduces Eligibility For Sentences Below the Minimum Mandatory in Federal Drug Offenses

Published on: April 3, 2024 | by Lasnetski Gihon Law

In federal criminal courts, when a person is convicted of a drug offense with a minimum mandatory sentence provision, there are only two ways that allow a federal judge to go below that statutory minimum mandatory sentence: a 5K motion filed by the federal prosecutor if the client provides substantial assistance to the government or the safety valve provision of 18 U.S.C. §3553(f). Congress recently broadened the safety valve provision and one particular section has been subjected to intense litigation resulting in varying outcomes from the various circuits.

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If otherwise qualified under different subsections, a person is eligible for the safety valve, and therefore a sentence below a statutory minimum mandatory sentence under §3553(f)(1) if:

The defendant does not have –

New Florida Law Raises Penalties for Fentanyl Trafficking

Published on: November 3, 2022 | by Lasnetski Gihon Law

bigstock-Tablet-with-the-chemical-formu-82173965 Gov. Ron DeSantis signed new legislation into law that imposes higher penalties for fentanyl trafficking. This new law was enacted along with hundreds of others that were passed during the 2022 legislative session.

The legislation, House Bill 95, titled “Controlled substances” officially took effect on October 1. While the legislation targets crimes committed relating to the drug fentanyl, it covers all types of controlled substances.

Reasoning behind the new legislation

New Criminal Laws in Florida & Defenses to Criminal Charges

Published on: November 24, 2021 | by Lasnetski Gihon Law

New Laws Went Into Effect in Florida: What You Should Know

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After a busy legislative session in Florida, several laws were passed in April 2021 that came into effect once the session was over. While most of the state’s laws went into effect as of July 1, 2021, there are many that did not. There were many types of laws that passed. It is critical to know the laws of the state you reside in–including old laws and newly enacted laws–because they directly affect you. Ignorance of the law is not a defense, and having familiarity with Florida’s laws will help you know what to do in the event of a legal misunderstanding. No matter what type of criminal charge you may be facing, it is important to have proper legal representation.

Notable New Laws in Florida