A government motion triggers a judge’s § 5K1.1 departure consideration. A judge can deny a departure regardless of the government’s motion, and is not bound by the prosecutor’s recommended reduction. Section 5K1.1 does not…
As we discussed in the Federal Grand Jury pages, a proffer session is a voluntary meeting. Normally, there will be a written agreement which outlines who will participate, when the session will take place,…
A guilty plea is a plea to the charges in a federal criminal case that resolves the criminal charges against you without a trial. Can Cooperating Help Me Avoid a Trial? Yes, if you…
While “use immunity” sounds like it would protect the speaker against all forms of culpability or prosecution, its implications are extremely narrow. As discussed above, generally speaking, the term itself doesn’t mean much. The…
We understand that the possibility of a reduced sentence is one of the most important factors to consider in deciding whether to cooperate with the federal government in a criminal investigation or prosecution. However,…
Under Federal Rule of Criminal Procedure 11, which governs federal guilty pleas, a defendant and prosecutor may enter a plea agreement that: (A) Includes one or more promises by the government that it will…
One benefit of cooperating with the government prior to a federal indictment is that the target of the investigation can attempt to influence the decision whether to bring an indictment, the nature of the…
What is a Federal Proffer? A federal proffer meeting is an information-sharing meeting between an individual facing a federal investigation and prosecutors and investigators. The meeting is governed by a federal proffer agreement that…
You need to make this decision based on your informed, count-by-count comparison of proof, statutory penalties, and sentencing exposure, while preserving your constitutional and statutory rights and assessing any potential collateral consequences. This is…
Many people believe that if they are innocent they can and should just tell the truth, and, while that may be true in many cases, the government can charge you for false statements even…