Written by the lawyers who fight these cases.
Target letters, subpoenas, proffers, sentencing - practical answers for people actively facing these decisions, published from the defense desk.
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Featured · Divorce and Family Law
Can We Continue to Live in the Same House If We’re Separated?
Read the article: Can We Continue to Live in the Same House If We’re Separated?Sometimes when spouses separate, they wish to continue living in the same house. This is becoming increasingly more common, especially when the parties share...
FIG. - THE DEFENSE DESK
Latest from the desk.
Federal · White collar · Process
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How 5K1.1 Motions Work and the Risks of Proffering
Read →: How 5K1.1 Motions Work and the Risks of ProfferingA defendant who provides truthful, complete, and assistance delivered on a timeline the government considers acceptable may receive nothing for it. The…
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Life After Cooperation: Moving Forward After a Federal Case
Read →: Life After Cooperation: Moving Forward After a Federal CaseFor most federal cooperators, the sentencing hearing functions as the end of a negotiation but the beginning of something less defined. The…
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Is Federal Cooperation Worth It?
Read →: Is Federal Cooperation Worth It?The Proffer and Its Consequences Cooperation with the federal government is not a negotiation. It is a forfeiture of information in exchange…
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Can My Cooperation Be Used Against Me in State Court?
Read →: Can My Cooperation Be Used Against Me in State Court?The Short Answer Is Yes, and the Longer Answer Is Worse A federal proffer agreement does not bind a state prosecutor. One…
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Will My Cooperation Be Mentioned at Sentencing?
Read →: Will My Cooperation Be Mentioned at Sentencing?The cooperation will be mentioned. Not in the way most defendants fear, and not always in a manner visible to the public,…
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How Long Until I'm Sentenced After Cooperating?
Read →: How Long Until I'm Sentenced After Cooperating?The Question Without a Number Cooperation in a federal criminal case does not produce a sentencing date. It produces a plea agreement,…
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What Happens After I Finish Cooperating with the Government?
Read →: What Happens After I Finish Cooperating with the Government?The cooperation is finished, and nothing has been resolved. This is the condition that most federal defendants do not anticipate: the months,…
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After Cooperation
Read →: After CooperationThe cooperation is finished, and nothing has changed. The proffer sessions are complete. The debriefings have been transcribed, the testimony delivered, the…
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Second Opinions on Federal Proffer Agreements: When to Get One
Read →: Second Opinions on Federal Proffer Agreements: When to Get OneThe proffer letter is not a gesture of goodwill. It is a contract, and like most contracts drafted by one party for…
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Using Cooperation to Avoid Trial in Multi-Defendant Cases
Read →: Using Cooperation to Avoid Trial in Multi-Defendant CasesThe Cooperator's Calculation Someone in every multi-defendant federal case cooperates first. The question that governs the remaining defendants' exposure is not whether…
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How to Get a Non-Prosecution Agreement Through Cooperation
Read →: How to Get a Non-Prosecution Agreement Through CooperationCooperation as Currency The non-prosecution agreement is not a reward for good behavior. It is a transaction, and the government sets the…
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Can Cooperating Early Prevent Federal Charges?
Read →: Can Cooperating Early Prevent Federal Charges?The Transaction Early cooperation does not prevent federal charges. It purchases a different variety of exposure. The question assumes a bargain that…
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