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 · Uncategorized
DOJ Target Letters
Read the article: DOJ Target LettersYou received a target letter from the U.S. Attorney’s office. You’re freaked out. You Googled “What should I do if I received a target letter?” and you’re now…
FIG. - THE DEFENSE DESK
Latest from the desk.
Federal · White collar · Process
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Can I Get Probation Instead of Prison for a Federal Crime?
Read →: Can I Get Probation Instead of Prison for a Federal Crime?Probation is available in federal court. The conditions under which a judge may impose it are considerably narrower than most defendants comprehend…
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First-Time Offender in Federal Court: What to Expect
Read →: First-Time Offender in Federal Court: What to ExpectThe phrase "first-time offender" does more work in federal court than it has any right to. Clients arrive with the assumption that…
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Federal Sentencing Departures and Variances Explained
Read →: Federal Sentencing Departures and Variances ExplainedThe sentence is not decided at the hearing. It is decided in the months before it, through documents the judge reads in…
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What Is a Presentence Report (PSR) and Why Does It Matter?
Read →: What Is a Presentence Report (PSR) and Why Does It Matter?The Document That Sentences You Twice The presentence report determines more than the length of a federal sentence. It determines where that…
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What Is Substantial Assistance in Federal Cases?
Read →: What Is Substantial Assistance in Federal Cases?The Quiet Mechanics of Cooperation Substantial assistance is the federal system's most consequential bargain, and most defendants misunderstand its terms before they…
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Proffer vs. Plea Agreement: What's the Difference?
Read →: Proffer vs. Plea Agreement: What's the Difference?The proffer is the most dangerous meeting in federal criminal practice, and most defendants walk into the room believing it protects them.…
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Can a Proffer Agreement Be Used Against Me?
Read →: Can a Proffer Agreement Be Used Against Me?A proffer agreement protects almost nothing. The document itself, two or three pages of boilerplate that federal prosecutors present as a formality…
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How a Proffer Session Works in Federal Criminal Cases
Read →: How a Proffer Session Works in Federal Criminal CasesThe Letter Before the Conversation The proffer agreement is the most consequential document in a federal criminal case that no jury will…
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Should I Cooperate with Federal Prosecutors? Risks and Rewards
Read →: Should I Cooperate with Federal Prosecutors? Risks and RewardsCooperation with federal prosecutors is the single most consequential decision a defendant will make, and it is almost always made too early.…
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What Is a Federal Proffer Agreement ("Queen for a Day")?
Read →: What Is a Federal Proffer Agreement ("Queen for a Day")?The proffer agreement is the most misunderstood document in federal criminal practice. Defendants sign it believing their words cannot follow them into…
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Proffer Agreements & Cooperation
Read →: Proffer Agreements & CooperationWhat Is a Proffer Agreement? The Document You Sign Before You Speak A proffer agreement is the most consequential document a…
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Can I Record My Interview with Federal Agents?
Read →: Can I Record My Interview with Federal Agents?The Federal Baseline The right to record a federal agent exists, in most of the country, before the agent ever arrives at…
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