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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...
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Latest from the desk.
Federal · White collar · Process
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Why the Government Might NOT File a 5K1.1 Motion
Read →: Why the Government Might NOT File a 5K1.1 MotionThe Motion That Only One Side Can File Cooperation does not guarantee a sentence reduction. That is the sentence most defendants need…
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Can a 5K1.1 Motion Get Me Below a Mandatory Minimum?
Read →: Can a 5K1.1 Motion Get Me Below a Mandatory Minimum?The Distinction Between Section 5K1.1 and 18 U.S.C. § 3553(e) A 5K1.1 motion, standing alone, does not permit a federal judge to…
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How Much Can a 5K1.1 Motion Reduce My Sentence?
Read →: How Much Can a 5K1.1 Motion Reduce My Sentence?The number the court selects after a 5K1.1 motion is filed will not appear in any agreement you sign. No cooperation agreement…
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What Is a 5K1.1 Departure and How Does It Work?
Read →: What Is a 5K1.1 Departure and How Does It Work?The single most consequential decision in a federal criminal case is not whether to plead guilty. It is whether to cooperate. Section…
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5K1.1 Motion Explained: How Cooperation Reduces Federal Sentences
Read →: 5K1.1 Motion Explained: How Cooperation Reduces Federal SentencesThe Prosecutor Holds the Key The most consequential decision in a federal criminal case is not the plea. It is whether to…
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How to Qualify for Substantial Assistance Credit
Read →: How to Qualify for Substantial Assistance CreditProsecutorial Discretion and the Motion Requirement The most consequential decision in federal cooperation is one the defendant cannot make. Under Section 5K1.1…
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Will I Have to Wear a Wire As Part of My Cooperation?
Read →: Will I Have to Wear a Wire As Part of My Cooperation?Most people who ask whether they will have to wear a wire are not, if we are being precise, asking about the…
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What Is "Substantial Assistance" Under Federal Law?
Read →: What Is "Substantial Assistance" Under Federal Law?Two Words, Two Functions The phrase "substantial assistance" performs two opposite functions in federal law, and the distinction between them is not…
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Substantial Assistance & Sentence Reductions
Read →: Substantial Assistance & Sentence ReductionsThe person who can reduce your sentence is the same person who charged you. That is the architecture of federal cooperation, and…
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How Long Does the Federal Cooperation Process Take?
Read →: How Long Does the Federal Cooperation Process Take?Federal cooperation does not operate on a schedule. The process commences when a defendant agrees to assist the government in the investigation…
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What Happens After a Successful Proffer Session?
Read →: What Happens After a Successful Proffer Session?The proffer session is not the resolution. It is the application. Most clients leave the conference room at the U.S. Attorney's office…
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Proffer Sessions with the FBI vs. the U.S. Attorney's Office
Read →: Proffer Sessions with the FBI vs. the U.S. Attorney's OfficeThe proffer session at the United States Attorney's Office and the interview conducted by FBI agents are not the same event, though…
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