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Finally, existing law already provides an escape hatch for deserving defendants facing a tough mandatory minimum. Often, they can plea bargain their way to a lesser charge. Even if convicted under a mandatory minimum charge, however, the judge can sidestep the required sentence if the defendant has little criminal history, has not committed a violent act and comes clean about the extent of his crime. Also, a defendant can avoid a mandatory sentence by helping prosecutors bring other gang members to justice.
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