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
Long Island Joint Custody Lawyer
Read the article: Long Island Joint Custody LawyerA child custody order determines everything pertaining to the care, education, healthcare, and religion of a child. It also decides the most appropriate child...
FIG. - THE DEFENSE DESK
Latest from the desk.
Federal · White collar · Process
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Will the Jury Know I'm a Cooperating Witness?
Read →: Will the Jury Know I'm a Cooperating Witness?The jury will know. In every federal prosecution that relies on cooperating witness testimony, the cooperation agreement itself becomes evidence, and the…
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Witness Intimidation Protections for Federal Cooperators
Read →: Witness Intimidation Protections for Federal CooperatorsThe federal cooperator occupies a position that no statute fully accounts for. The decision to provide testimony against co-defendants or co-conspirators in…
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Can I Refuse to Testify After Signing a Cooperation Agreement?
Read →: Can I Refuse to Testify After Signing a Cooperation Agreement?The Guilty Plea That Precedes the Question The cooperation agreement you signed was not a promise to try. It was a contract,…
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What If I'm Called to Testify at Multiple Trials?
Read →: What If I'm Called to Testify at Multiple Trials?The Obligation That Multiplies The subpoena is not a request. Most people understand this in the abstract, but the understanding becomes concrete…
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Cross-Examination of Cooperating Witnesses: What to Expect
Read →: Cross-Examination of Cooperating Witnesses: What to ExpectThe cooperating witness is the prosecution's most effective instrument and its most obvious liability. In federal criminal cases, the government constructs its…
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Will I Have to Testify in Court If I Cooperate?
Read →: Will I Have to Testify in Court If I Cooperate?Cooperation does not begin with testimony. It begins with a phone call to a lawyer, or sometimes with a phone call from…
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Testifying As a Cooperator
Read →: Testifying As a CooperatorThe Promise and the Stand The cooperation agreement is the easiest document you will ever sign in a federal case. It is…
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Deferred Prosecution Agreements in Federal Cases
Read →: Deferred Prosecution Agreements in Federal CasesA deferred prosecution agreement is not an acquittal. It is the government telling a defendant, almost always a corporation, that the evidence…
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Non-Prosecution Agreements: Cooperating Without Pleading Guilty
Read →: Non-Prosecution Agreements: Cooperating Without Pleading GuiltyA non-prosecution agreement is the closest thing the federal system offers to a second chance for someone who does not deserve one.…
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What Promises Can Federal Prosecutors Actually Make?
Read →: What Promises Can Federal Prosecutors Actually Make?A federal prosecutor's word is binding only to the extent that the word appears, in writing, inside a document the court has…
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Negotiating the Best Cooperation Agreement with Federal Prosecutors
Read →: Negotiating the Best Cooperation Agreement with Federal ProsecutorsThe Architecture of a Cooperation Agreement Cooperation with federal prosecutors is the most consequential decision a defendant will make, and it is…
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Can the Government Revoke My Cooperation Agreement?
Read →: Can the Government Revoke My Cooperation Agreement?The answer is yes, though the word "revoke" conceals more than it clarifies. A cooperation agreement in the federal system is a…
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