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Rule 35 Federal Cooperation Lawyers

Federal Cooperation Lawyers

Cooperating with the Government is one of the best ways to receive a reduced sentence. Cooperation can be given either before or after sentencing. But you should never do it on your own. The Law Firm of Jeremy Gordon has had great success in helping our clients receive and benefit from Rule 35 relief. If you want to cooperate with the federal government, please contact our office before you do so.

How Rule 35 Works

Under U.S.S.G. § 5K1.1 or Rule 35 of the Federal Rules of Criminal Procedure, a sentencing judge may reduce a sentence upon motion of the government stating that the defendant has given substantial assistance in the investigation and prosecution of another person who has committed an offense. Substantial assistance can involve a person giving verbal information, going undercover, agreeing to repeated debriefings with law enforcement officers, agreeing to meetings with prosecutors and defense attorneys, and testifying in court or testifying before a grand jury. In cases where a defendant offers substantial assistance to the government, the U.S. Attorney may also file a motion under 18 U.S.C. § 3553(e) allowing the sentencing judge to sentence the defendant below the statutorily-mandated minimum sentence at the time of sentencing.

How a Defendant Gives Cooperation Assistance

The process by which a defendant gives cooperation to the government usually begins with a meeting between the defendant, the prosecutor, the agents involved in the investigation, and the defendant’s attorney. These meetings are essentially de-briefing sessions and are called “proffer sessions.” In these sessions, the defendant usually shows the prosecutor that they have valuable information to offer about the case. Statements given during a proffer session are typically prevented from being used against the defendant later.

Third-Party Cooperation

Another type of cooperation assistance involves the use of a third-party (a person who is not the defendant in a federal case) and the government. This type of cooperation is common in narcotics cases where the defendant is incarcerated and unable to actively assist the government in the investigation. In this type of cooperation, substantial assistance provided by the third-party is used as a basis for reducing the defendant’s sentence under Rule 35 of the Federal Rules of Criminal Procedure.

How we represent our clients on these matters

First, we schedule a legal call and get the specific information from the client about the cooperation. We also have the client fill out an information sheet explaining how they cooperated. Then we reach out to the AUSA that prosecuted the client and give the prosecutor information about how the client cooperated and ask that the client’s sentence be reduced accordingly. We reach out to the government via phone, email and United States Mail. We also send a copy of our correspondence to the loved one so that they stay informed about the cooperation. If the prosecutor refused to move to reduce the sentence then wereach out to their supervisors and ask for the reduction.  If the government agreed with us then I would work with them to get the motion in front of the Judge and ask for the Court to grant it.

Do you or a loved one believe you can benefit from our help in this (or other Federal Appeal) area? You need an experienced Federal Defense Lawyer who can help fight for your freedom. Because we are good at what we do, we have clients from all over the country to count on us to provide them with competent and reasonably priced services.

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