safety valve application
The Safety valve is one of only two ways of avoiding the mandatory minimum sentence of ten years or more for drug trafficking and drug conspiracy.
The Safety valve provides relief from the mandatory minimum sentence if the defendant has little to no criminal history (which is defined as 0 or 1 criminal history points) and if the defendant truthfully discloses everything he knows about the crime he committed prior to sentencing. Such disclosure requires that the defendant tell the Government everything about his actions and that he tell the Government about all of the actions of those who participated in the crime with him or who assisted him in any way.
It is difficult for most defendants to be completely honest during the meeting with the Government in which they seek to qualify for the safety valve. Usually defendants will want to minimize their involvement in the crime and blame others. But once they are caught lying to the Government, the prosecutor will have good cause to refuse to give the safety valve. As a result, it is extremely important that the defendant