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Federal Cooperation Agreement
- October 13, 2025
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Federal Cooperation Agreement Federal cooperation agreement is written contract between you and government specifying: what information/testimony you must provide, what charges government will bring (typically reduced charges or dismissals), what sentencing benefits you’ll receive (5K1.1 motion, specific recommendations), consequences of breach (agreement voided, additional charges possible). Cooperation agreements require full…
Read MoreWhat Is 5K1.1 Motion
- October 13, 2025
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What Is 5K1.1 Motion 5K1.1 motion is government motion filed under U.S.S.G. § 5K1.1 requesting downward departure from guidelines for defendants who provided substantial assistance. Only government can file 5K1.1 – court cannot depart for substantial assistance without government motion. Motion allows sentencing below guideline range and below mandatory minimums….
Read MoreWhat Is Cooperating Witness
- October 13, 2025
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What Is Cooperating Witness Cooperating witness is person who provides information and testimony to government about others’ crimes in exchange for leniency: reduced charges, sentence reductions, immunity. Cooperators typically are co-defendants or participants in schemes who agree to testify against others. Government relies heavily on cooperators to prosecute conspiracies and…
Read MoreCan Feds Use What I Say Against Me
- October 13, 2025
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Can Feds Use What I Say Against Me Yes – anything you voluntarily tell federal agents can be used against you. This includes statements during knock-and-talk interviews, phone conversations, recorded meetings. Exceptions: statements made under immunity agreement, statements excluded due to Miranda violations if you were in custody, statements in…
Read MoreWhat Is Immunity From Prosecution
- October 13, 2025
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What Is Immunity From Prosecution Immunity prevents prosecution in exchange for testimony. Use immunity (most common) prohibits using your statements or derivative evidence against you, but allows prosecution based on independent evidence. Transactional immunity completely bars prosecution for offenses related to testimony. Immunity typically granted when government needs testimony from…
Read MoreWhat Is Proffer Agreement
- October 13, 2025
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What Is Proffer Agreement Proffer agreement (aka queen-for-a-day agreement) allows you to meet with prosecutors to discuss what information you can provide without statements being used against you directly. Standard proffers allow use of statements for impeachment if you testify inconsistently at trial, and allow government to use leads derived…
Read MoreShould I Take A Federal Plea Deal
- October 13, 2025
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Should I Take A Federal Plea Deal Deciding whether to accept federal plea deal requires evaluating: strength of government’s evidence, likely sentence after trial vs. plea, value of concessions offered, your trial prospects, cooperation requirements, collateral consequences. Federal conviction rates exceed 90% at trial – but some cases should be…
Read MoreFederal Plea Deal How Does It Work
- October 13, 2025
- Uncategorized
Federal Plea Deal How Does It Work Federal plea agreements are contracts where you plead guilty in exchange for government concessions: charge reductions, dismissal of counts, sentencing recommendations, cooperation credit, or agreement not to file additional charges. Types: C agreements bind judge to specific sentence, B agreements include sentencing recommendations…
Read MoreWhat Happens If You Cooperate With Feds
- October 13, 2025
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What Happens If You Cooperate With Feds Cooperating with federal government involves: proffer sessions where you provide information, debriefings with agents about crimes and co-conspirators, providing documents and evidence, testifying before grand jury or at trial. Cooperation agreements specify obligations and benefits: what information you must provide, charges government will…
Read MoreShould I Cooperate With Federal Investigation
- October 13, 2025
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Should I Cooperate With Federal Investigation Cooperation decision requires careful analysis: are you target or witness? What’s your exposure? What can you offer? Cooperation can result in immunity, reduced charges, or substantial sentence reductions. But cooperation carries risks: providing evidence against yourself, committing to testimony, safety concerns. Never cooperate without…
Read MoreWhat Is Compassionate Release Federal
- October 13, 2025
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What Is Compassionate Release Federal Compassionate release (18 U.S.C. § 3582(c)(1)(A)) allows early prison release for extraordinary and compelling reasons: terminal illness, serious medical conditions, age 65+ with serious deterioration, family circumstances (death/incapacitation of caregiver for minor children). First Step Act expanded eligibility. Must exhaust BOP administrative remedies first, then…
Read MoreFederal Sentence Reduction For Cooperation
- October 13, 2025
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Federal Sentence Reduction For Cooperation Cooperation with federal government can reduce sentences through: downward departure at sentencing via 5K1.1 motion (government must file), sentence reduction after sentencing via Rule 35 (for ongoing cooperation), safety valve qualification requiring cooperation, substantial assistance credit. Reductions range from levels to decades depending on value…
Read MoreWhat Is Substantial Assistance Motion
- October 13, 2025
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What Is Substantial Assistance Motion Substantial assistance motion (5K1.1 or Rule 35) filed by government allows court to sentence below guideline range or mandatory minimum in exchange for your cooperation providing substantial assistance in prosecuting others. Must provide information, testimony, or assistance government considers valuable. Motion is discretionary – government…
Read MoreWhat Is 2255 Motion
- October 13, 2025
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What Is 2255 Motion 28 U.S.C. § 2255 motion challenges federal conviction or sentence based on constitutional violations, jurisdictional defects, or errors of law. Filed in sentencing court typically within 1 year of conviction becoming final. Grounds include ineffective assistance of counsel, illegal sentence, prosecutorial misconduct. If successful, conviction can…
Read MoreWhat Is Rule 35 Motion
- October 13, 2025
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What Is Rule 35 Motion Rule 35(b) allows government to file motion for sentence reduction based on substantial assistance you provide after sentencing. No time limit if cooperation is ongoing, but typically filed within year. Court can reduce sentence to time served or any amount if assistance was substantial. Used…
Read MoreCan Federal Sentences Be Reduced
- October 13, 2025
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Can Federal Sentences Be Reduced Federal sentences can be reduced post-sentencing through: Rule 35 motion for substantial assistance within 1 year, 2255 motion for constitutional/legal errors (no time limit but procedural bars), compassionate release for extraordinary circumstances, First Step Act reductions for certain drug offenses, resentencing if guideline used was…
Read MoreIs There Parole In Federal Prison
- October 13, 2025
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Is There Parole In Federal Prison No parole in federal system for offenses after November 1, 1987. Sentencing Reform Act abolished parole. You serve approximately 85% of sentence with good time credit. Only releases are: completion of sentence minus good time, compassionate release for extraordinary circumstances, or sentence reduction through…
Read MoreFederal Good Time Credit
- October 13, 2025
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Federal Good Time Credit Federal good time credit reduces prison sentence by up to 54 days per year served (maximum 15% reduction overall). Automatically applied if you don’t commit disciplinary infractions. First Step Act expanded good time and allows earlier earning. Calculate actual release: multiply sentence years by 0.85. Good…
Read MoreHow Much Time Do You Serve On Federal Sentence
- October 13, 2025
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How Much Time Do You Serve On Federal Sentence Federal inmates serve approximately 85% of sentence. 54 days good time credit per year reduces sentence by 47 days annually (about 15%). No parole in federal system since 1987. After prison, mandatory supervised release period (2-5 years typically). Total time in…
Read MoreWhat Is Safety Valve Federal Sentencing
- October 13, 2025
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What Is Safety Valve Federal Sentencing Safety valve (18 U.S.C. § 3553(f)) allows first-time drug defendants to avoid mandatory minimums if: (1) no more than 1 criminal history point, (2) no violence/weapon, (3) not organizer/leader, (4) truthfully provided all information to government. Saves 5-10 years for qualifying defendants. Must provide…
Read MoreWhat Is 851 Enhancement
- October 13, 2025
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What Is 851 Enhancement 851 enhancement doubles or triples mandatory minimum sentences for drug offenses if you have prior drug felony. Prosecutors must file 851 information notice before trial/plea. First prior: doubles minimum (10 to 20 years). Second prior: triples or life. Defense strategies include challenging prior convictions, negotiating withdrawal…
Read MoreFederal Drug Mandatory Minimums
- October 13, 2025
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Federal Drug Mandatory Minimums Federal drug crimes carry mandatory minimum sentences based on drug type and quantity: 5 years for 5kg cocaine/28g crack/50g meth, 10 years for 50kg cocaine/280g crack/500g meth. Enhanced penalties for prior convictions. Safety valve exception allows avoiding minimum if you meet criteria: no violence, minimal criminal…
Read MoreMandatory Minimum Sentences Federal
- October 13, 2025
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Mandatory Minimum Sentences Federal You’re facing federal charges with mandatory minimum sentence – required minimum prison term judge must impose regardless of circumstances. Mandatory minimums eliminate judicial discretion for certain offenses: drug trafficking (5, 10, 20 years or life depending on drug type and quantity), firearms offenses (5, 7, 10,…
Read MoreHow Are Federal Sentences Calculated
- October 13, 2025
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How Are Federal Sentences Calculated Federal sentences are calculated using U.S. Sentencing Guidelines that create mathematical formula determining recommended prison time. Process: (1) Determine base offense level for your crime from guidelines manual, (2) Add or subtract levels for specific offense characteristics, (3) Apply adjustments for role and obstruction, (4)…
Read MoreFederal Sentencing Guidelines Explained
- October 13, 2025
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Federal Sentencing Guidelines Explained Federal court sentenced you using Sentencing Guidelines and you want to understand how they work. U.S. Sentencing Guidelines are complex rules calculating recommended prison sentences for federal crimes. Guidelines create grid: offense levels (1-43) on vertical axis, criminal history categories (I-VI) on horizontal axis. Intersection determines…
Read MoreWhat Is Supervised Release Federal
- October 13, 2025
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What Is Supervised Release Federal You completed federal prison sentence and now face supervised release – mandatory probation-like supervision period. Federal supervised release is court-ordered supervision that begins after you complete prison term. Nearly all federal sentences include supervised release (typically 2-5 years), with conditions similar to probation: regular check-ins…
Read MoreCan You Get Probation For Federal Charges
- October 13, 2025
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Can You Get Probation For Federal Charges You’re facing federal charges and wondering whether you can get probation instead of prison. The answer depends on your offense, criminal history, and guidelines. Probation-only sentences are rare in federal court – only about 10% of federal defendants receive probation without prison time….
Read MoreWhat Is Acceptance Of Responsibility Federal
- October 13, 2025
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What Is Acceptance Of Responsibility Federal Acceptance of responsibility is sentencing guideline reduction under U.S.S.G. § 3E1.1 that reduces your offense level by 2-3 levels if you clearly demonstrate acceptance of responsibility for your offense. This reduction can save months or years in prison. Most defendants receive 2-level reduction. Defendants…
Read MoreWhat Is PSR In Federal Court
- October 13, 2025
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What Is PSR In Federal Court PSR means Presentence Report (or Presentence Investigation Report) – comprehensive document U.S. Probation Office prepares investigating defendant’s background and recommending sentence to judge. PSR is prepared after conviction or guilty plea and before sentencing. It contains criminal history, personal background, offense conduct, victim impact,…
Read MoreWhat Is A Presentence Investigation Report
- October 13, 2025
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What Is A Presentence Investigation Report You pleaded guilty or were convicted and probation office is preparing Presentence Investigation Report (PSR). The PSR is comprehensive document probation officer creates investigating your background and recommending sentence to judge. PSR contains: your criminal history, personal background (family, education, employment, health), offense conduct…
Read MoreHow Long Is Federal Sentencing
- October 13, 2025
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How Long Is Federal Sentencing You pleaded guilty or were convicted and want to know how long federal sentencing hearing will take. Federal sentencing hearings typically last 30 minutes to 2 hours depending on case complexity, number of objections to PSR, whether sentencing guidelines are disputed, and how much evidence…
Read MoreWhat Happens At Federal Sentencing
- October 13, 2025
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What Happens At Federal Sentencing You pleaded guilty or were convicted at trial on federal charges and now face sentencing hearing before district judge who will determine your punishment. Federal sentencing is proceeding where judge considers Presentence Investigation Report (PSR), hears arguments from prosecutors and defense, listens to victim statements,…
Read MoreWhat Is Federal Pretrial Services
- October 13, 2025
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What Is Federal Pretrial Services You were released on federal charges and ordered to report to Federal Pretrial Services, and you’re wondering what this means. Federal Pretrial Services is government agency that supervises defendants released pending trial to ensure they appear for court and comply with release conditions. When court…
Read MoreCan You Bond Out On Federal Charges
- October 13, 2025
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Can You Bond Out On Federal Charges You or a loved one was arrested on federal charges and you’re wondering whether you can bond out. The answer is: it depends. Federal bail works differently than state bail. About 75% of federal defendants are released pretrial, while 25% are detained without…
Read MoreFederal Bail How Does It Work
- October 13, 2025
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Federal Bail How Does It Work You were arrested on federal charges and you’re wondering about bail – how it works, whether you’ll be released, and what you need to pay. Federal bail works differently than state bail. The Bail Reform Act (18 U.S.C. § 3142) governs federal pretrial release…
Read MoreSan Francisco PPP Loan Fraud Lawyers
- October 13, 2025
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San Francisco PPP Loan Fraud Lawyers You got contacted about your PPP loan. Not about whether you spent the funds correctly – about discrepancies in your original application from 2020 or 2021. Your loan was forgiven. The bank processed forgiveness, SBA approved it, you believed the matter was closed. Then…
Read MoreEssex County Sex Crimes Lawyer
- October 13, 2025
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Essex County Sex Crimes Lawyer You got arrested in Essex County last week, maybe charged with sexual assault after a date in Montclair went wrong and she’s claiming it wasn’t consensual, maybe aggravated sexual assault involving someone under 13 years old, maybe criminal sexual contact where prosecutors claim inappropriate touching,…
Read MoreWhat Is Pretrial Release
- October 13, 2025
- Uncategorized
What Is Pretrial Release You were arrested on federal charges and the court ordered your pretrial release instead of detaining you until trial. Pretrial release means you’re released from custody before your case is resolved, subject to conditions designed to ensure you appear for court proceedings and don’t pose danger…
Read MoreWhat Is Federal Detention Hearing
- October 13, 2025
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What Is Federal Detention Hearing You were arrested on federal charges and prosecutor is seeking to detain you without bail pending trial. You have detention hearing scheduled before magistrate judge to determine whether you’ll be released or held in custody until your case resolves. Federal detention hearing is proceeding under…
Read MoreHow Long After Indictment Is Trial
- October 13, 2025
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How Long After Indictment Is Trial You were indicted on federal charges and you want to know how long until trial. The Speedy Trial Act requires federal trials to begin within 70 days from the date indictment was filed or from the date defendant first appeared before the court, whichever…
Read MoreWhat Is A Federal Indictment
- October 13, 2025
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What Is A Federal Indictment You learned that federal grand jury returned an indictment against you, or prosecutors told you they’re seeking indictment, and you want to understand what indictment means. A federal indictment is formal written accusation charging you with federal crimes, returned by federal grand jury after finding…
Read MoreWhat Is Federal Arraignment
- October 13, 2025
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What Is Federal Arraignment You were arrested or indicted on federal charges and you have court date scheduled for “arraignment.” You’re wondering what arraignment is, what happens at arraignment, and what you need to do to prepare. Federal arraignment is your first appearance before the judge on the charges in…
Read MoreWhat To Do If You Get A Target Letter
- October 13, 2025
- Uncategorized
What To Do If You Get A Target Letter You just received a target letter from the U.S. Attorney’s Office and you’re panicking about what to do. A target letter means federal prosecutors are about to indict you and you have narrow window – typically 2-4 weeks – to respond…
Read MoreWhat Is A Target Letter From DOJ
- October 13, 2025
- Uncategorized
What Is A Target Letter From DOJ You received a letter from the U.S. Attorney’s Office informing you that you’re the target of a federal criminal investigation and you’re terrified about what this means. A target letter is formal written notification from federal prosecutors that you’re the target of a…
Read MoreFederal Investigation How Long
- October 13, 2025
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Federal Investigation How Long Federal agents are investigating you or your business and you’re wondering how long federal investigations last before charges are filed or investigations are closed. Federal investigations have no fixed timeline – they can last months, years, or decades depending on complexity of alleged crimes, number of…
Read MoreHow Do You Know If You’re Under Federal Investigation
- October 13, 2025
- Uncategorized
How Do You Know If You’re Under Federal Investigation You suspect federal agents might be investigating you but you’re not sure, and you want to know how to tell if federal investigation is targeting you. Most people don’t know they’re under investigation until agents contact them, execute search warrants, or…
Read MoreWhat Is Being Under Federal Investigation
- October 13, 2025
- Uncategorized
What Is Being Under Federal Investigation You suspect or learned that you’re under federal investigation and you’re terrified about what this means and what happens next. Being under federal investigation means federal law enforcement agencies – FBI, DEA, ATF, IRS, Secret Service, or others – are gathering evidence to determine…
Read MoreCan FBI Arrest You Without Warrant
- October 13, 2025
- Uncategorized
Can FBI Arrest You Without Warrant FBI agents arrested you without showing you a warrant, and you’re wondering whether the arrest was legal. Yes – FBI and other federal law enforcement can arrest you without warrant under certain circumstances. Federal Rule of Criminal Procedure 4(c)(3)(A) authorizes arrests without warrant for…
Read MoreWhat Happens If Federal Agents Knock On My Door
- October 13, 2025
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What Happens If Federal Agents Knock On My Door Federal agents are at your door right now – they identified themselves as FBI, DEA, ATF, ICE, or other federal law enforcement, and they want to talk to you. You’re terrified and confused about what this means and what you should…
Read MoreFederal Arrest Warrant How Long Valid
- October 13, 2025
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Federal Arrest Warrant How Long Valid Federal agents are looking for you with an arrest warrant, or you learned that warrant exists and want to know how long it remains active. Federal arrest warrants do not expire – they remain valid until executed or recalled by the issuing court. Unlike…
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