How to Flip From Target to Witness: The Benefits of Cooperating After a Letter

How to Flip From Target to Witness: The Benefits of Cooperating After a Letter

So you got a target letter from the feds. Don’t panic! This doesn’t necessarily mean you’ll be indicted. A target letter simply means prosecutors believe they have substantial evidence linking you to a crime^[1]. However, with the help of an experienced defense attorney, you may be able to convince them otherwise. This article will walk you through your options and the potential benefits of cooperating as a witness.

What To Do After Receiving a Target Letter

First things first – hire a criminal defense attorney. Do not contact investigators or prosecutors directly. Anything you say can and will be used against you^[2]. Your attorney will handle all communication on your behalf. Here are some key steps:

• Analyze the letter. Your attorney can help interpret the statutes cited and decide how to respond.
• Follow your attorney’s advice about speaking with investigators. In some cases, it may help your case.
• Do NOT talk to other witnesses or persons connected to the case without your attorney present. This could hurt your defense.^[3]
• Do NOT destroy or alter any evidence. This could lead to obstruction charges.

Your attorney’s familiarity with federal procedures will be invaluable for negotiating with prosecutors effectively.

Deciding Whether to Cooperate as a Witness

Cooperating as a witness essentially means admitting wrongdoing and providing information to assist prosecutors. This option involves risks but can also provide benefits. Your attorney can help weigh the pros and cons^[4]:

Potential Benefits of Cooperating

• Avoiding indictment altogether
• Lesser charges or reduced sentencing
• Avoiding trial and expensive litigation

Risks of Cooperating

• Admitting guilt/self-incrimination
• Ongoing cooperation requirements
• Possibility of charges anyway if cooperation deemed insufficient

If the evidence against you is strong, cooperating may be your best option. But there are no guarantees. Prosecutors have discretion in evaluating cooperation. Make sure you understand the terms of any cooperation agreement in writing^[5].

How to Cooperate Effectively

If you decide to cooperate, your attorney can help you do so in the most favorable way. Here are some tips:

• Negotiate a proffer agreement defining what you’ll provide and limiting use against you
• Highlight timeliness of cooperation before indictment or trial
• Provide credible, corroborated information; don’t exaggerate what you know
• Be prepared to testify if needed; tell the full truth
• Follow through on all commitments; ongoing cooperation is key

The more substantial, timely and credible your cooperation, the greater potential benefits. But there are no guarantees of leniency. Make sure you understand the risks and have solid legal counsel.

Other Options Besides Cooperating

Declining to cooperate does not automatically mean going to trial. Your attorney may be able to negotiate a favorable plea agreement without cooperation. Or they may be able to convince prosecutors to drop or reduce charges due to weaknesses in the evidence or extenuating circumstances. Every case is different. An experienced federal criminal defense lawyer can help assess all options and mount the strongest defense. Do not lose hope – charges are not a foregone conclusion with a target letter.

Takeaways

• Getting a target letter means prosecutors believe you committed a crime but does not guarantee indictment.
• Do NOT contact investigators without an attorney present – anything you say can be used against you.
• An experienced federal criminal defense attorney can help negotiate with prosecutors and decide if cooperating as a witness is beneficial.
• Cooperating involves risks but may help reduce or avoid charges if done effectively.
• Your attorney can also defend you and attempt to avoid charges without cooperation.

With knowledgeable legal counsel, a target letter does not have to mean the end. There are strategic options to flip from target to witness or mitigate harm. Don’t lose hope.

References

^[1] Target Letters From Federal Law Enforcement

^[2] Target Letters

^[3] What to Do When You Receive a Target Letter from the Federal Government

^[4] Target Letters Explained by Connecticut White Collar Lawyer

^[5] Cooperating Witnesses: Changing Pressures Create Risks and Opportunities