In Ricketts v. Adamson, 483 U.S. 1 (1987), the U.S. Supreme Court upheld Arizona’s ability to revive murder charges after the defendant refused to testify in the trial of a co-defendant. To prove a…
Rule 35(b) does not have a formula for sentence reduction. Unlike some other aspects of the federal sentencing regime, Rule 35(b) doesn’t specify a percentage or use a reduction chart. Research by the U.S.…
U.S.S.G. § 5K1.1 governs federal sentencing departures (i.e., sentencing reductions) resulting from a defendant’s “substantial assistance” in investigating or prosecuting federal offenses. To trigger a substantial-assistance departure under § 5K1.1, federal prosecutors (i.e., the…
1. A Proffer Agreement is a Contract, Not a Court Order A proffer agreement is a contract entered into between the target (or their counsel) and the prosecuting office (usually the U.S. Attorney’s Office).…
The nickname is informal and the protection it implies is partial. Understanding the distinction between the two is the beginning of understanding what a proffer agreement actually provides. A federal proffer agreement is a…
Cooperation is the most consequential decision available in the federal criminal system. It is also the decision most often made without adequate information. The federal sentencing guidelines, the statutory framework governing federal prosecution, and…
The session itself is a meeting. What precedes and follows it is where the legal significance concentrates. A proffer session in a federal criminal case is a structured interview conducted pursuant to a written…
The agreement restricts certain uses. It does not eliminate them. The question is among the most important ones a person can ask before entering a proffer session, and it is among the questions most…
The decision to cooperate with federal prosecutors is irreversible. Once a defendant enters a proffer session and begins disclosing information to the...
Ninety-seven percent of federal criminal convictions result from guilty pleas. That figure is not a reflection of efficiency. It is a reflection of a...