Can My Cooperation Be Used Against Me in State Court?Federal proffer letters are contracts, and their protections depend entirely on their wording. Federal proffer agreements are often drafted with a federal-only scope, and they…
What is a Proffer Agreement? What is a Proffer Offer? Can IWithdraw From a Voluntary Federal Proffer Agreement? Why is a Federal Proffer Agreement Agreement So Important? Can a Federal Proffer Interview Be Recanted…
Refusing to testify as contractually required under a signed cooperation agreement can constitute a contractual breach. However, a contractual breach alone does not lead to a finding of contempt. Contractual breach and judicial compulsion…
Yes, federal courts can grant probation after a defendant pleads guilty or is convicted of a crime. However, judges rarely grant probation and never grant it when there is a mandatory minimum imprisonment term.…
Under Section 5K1.1 of the U.S. Sentencing Guidelines, “the court may apply a downward departure to the applicable guideline range if the defendant has provided “substantial assistance” in the investigation or prosecution of another…
Yes. Voluntary cooperation can involve numerous activities that do not require testifying at all, or, at least, testifying in court. Cooperation can consist solely of debriefings, documents, identifications, investigative assistance, and so forth. However,…
Yes. You can cooperatively engage with federal prosecutors and agents before you are arrested, indicted, or otherwise charged. In some cases, this can help you avoid charges altogether. It can also lead to a…
If you have not yet entered federal custody, you have the opportunity to earn substantial assistance credit (also known as a 5K1.1 reduction) by helping to build a federal criminal case. However, if you…
Q: Can I bring my lawyer to a federal proffer? A: Yes. In fact, participants normally attend federal proffers with their defense lawyers present. A proffer agreement is a contract that governs information-sharing meetings,…
“The law requires it.” “The law is very clear about this.” “The fact of the matter is...” “In this case, it is particularly clear that...” “As a matter of fact,” “As a matter of…