The risks of cooperating are real, but they are not insurmountable. Whether it is a smart or safe decision depends on your specific circumstances. The risks of cooperating in a federal case include, but…
Is Cooperation Worth It If I& #x27;m Facing Mandatory Minimums? If facing mandatory minimums, the calculus changes. Cooperation is one way to get around them, but it may be the only way. Section 3553(e)…
How to Qualify for Substantial Assistance Credit Whatcounts as “substantial assistance” can vary from one case to the next, and what prosecutors consider valuable can change with time. The U.S. Sentencing Guidelines do not…
When assessing a target’s or defendant’s offer to cooperate, prosecutors assess the offer’s truthfulness, usefulness, reliability, and timeliness. It may also be necessary to address the person’s criminal exposure. Cooperation does not guarantee a…
Sentencing preparation should begin as early as possible, often months before the scheduled sentencing hearing. While sentencing typically occurs within months of a defendant’s guilty plea or trial conviction, this gives plenty of time…
Cooperating Early Cooperating early is often best. In many cases, multiple individuals have information that qualifies for credit. Those who cooperate early will have more unique information and will receive more credit. If you…
The only entity capable of initiating a Rule 35(b) proceeding is the United States Government. In order to initiate a Rule 35(b) proceeding, federal prosecutors must file a formal motion with the United States…
A federal non-prosecution agreement is a prosecutor’s promise not to pursue charges provided that you meet specified conditions. It is essentially a contract: you agree to fulfill the conditions specified in the NPA in…
While often nicknamed “Queen for a Day,” a federal proffer agreement does not grant immunity. Additionally, a proffer agreement alone does not provide a guarantee of a plea agreement, cooperation agreement, or other favorable…
There is no right answer to how much a §5K1.1 motion can actually reduce a defendant’s sentence. That is because a §5K1.1 motion does not specify a reduction and instead authorizes the judge to…