Notice to new members intending to register - from January 9th 2012

SchweiksGirl · #1 05-02-2012, 07:15 PM

Not sure if this is the right place but I have a question.
My finacee is in FED for drug charge. There were 6 involved in the case. On the way to his destination he was in a hold over with one of the guys in the case. He was telling my fiancee that the FED prosecutor promised him a 50% sentence reduction AFTER he testified against another guy. I was told they aren't allowed to do this. Any truth to this guys story or was the prosecutor just blowing smoke up his butt??

Zelda50 · #2 05-02-2012, 10:37 PM

Sounds like a Rule 35.

gachristy · #3 05-02-2012, 11:40 PM

Heck ya they can, the FEDS can do anything they want, the state as well. But wow, not something for somebody to brag about...especially with FED time...those guys don't play!!!

Quote:

Originally Posted by SchweiksGirl

Not sure if this is the right place but I have a question.
My finacee is in FED for drug charge. There were 6 involved in the case. On the way to his destination he was in a hold over with one of the guys in the case. He was telling my fiancee that the FED prosecutor promised him a 50% sentence reduction AFTER he testified against another guy. I was told they aren't allowed to do this. Any truth to this guys story or was the prosecutor just blowing smoke up his butt??

SchweiksGirl · #4 05-03-2012, 12:23 AM

How likely is a Rule 35?

funbag · #5 05-03-2012, 06:50 AM

"5k1"...Snitch(rat) on your buddy or co-defendant is the only way to get 5k1 downward variance in your sentence. Not cool, hard title to live with in fed prison and for the rest of your life...peace

funbag · #6 05-03-2012, 09:07 AM

let me correct that.That is not the only way to get a downward departure(variance)on your sentence.Some people get them from good character refrences,community work,being a first time offender,etc..But it willnot be as much as it would be if you snitch.

mburton000 · #7 05-04-2012, 11:53 AM

The feds cannot promise you a specific reduction amount. What they generally do is tell you that they will report any cooperation to the court. This, post sentencing, would be done through a Rule 35. A rule 35 generally does contain a reduction reccomendation but it is in the form of levels not percentages. The Judge is free to use his own discretion. The reason they NEVER promise anything aside from saying they will inform the court (which is actually a legal requirement) is because a Defense attorney is practically guaranteed to ask the person testifying if they have been promised anything as compensation for testifying.

This is likely just some guy spouting off what he thinks he is going to get or what his attorney said may be a likely outcome based on the assistance provided. An experienced attorney can pretty much guess how many levels would be reccomended based on what is going on.. He may even be able to get an off the record number from the AUSA.

mburton000 · #8 05-04-2012, 11:59 AM

As to how likely is a rule 35, again.. the AUSA is obligated to tell the court about significant cooperation. If the AUSA feels your cooperation was not significant or truthful, they won't file anything. I have seen cases like that where the Defense attorney then files a motion to compel the AUSA to file a Rule 35 and then the Judge makes the call. Normally, as I previously posted, if post-sentencing cooperation is given the AUSA files a rule 35 at some point making a level reduction recommendation. Rule 35's have to be filed within one year after sentencing unless the circumstances dictate otherwise. Also, it is not only post-sentencing cooperation that is eligible for rule 35. Pre-sentencing cooperation is often done through a rule 35 in cases where the outcome of the cooperation is still to be determined. Some of the factors in how much of a reduction is given depend on how the assistance plays out. Also, if at sentencing they think there is a chance you will be required to testify later they may withhold a 5k1 and opt to do it all later as a rule 35 so at the time of testifying you can honestly state you have been given no reductions in sentencing for cooperation to date.

Zelda50 · #9 05-04-2012, 07:50 PM

Just as an aside - if I were in prison and someone told me that they were going to get a sentence reduction post-sentencing for ratting on someone else, I wouldn't be caught anywhere near that person, let alone talking with him!!

SchweiksGirl · #10 05-05-2012, 01:13 PM

Kinda hard to not be near that person when ur locked in the same cell as them. And your not in prison so be thankful for that.

WorriedSis7 · #11 05-05-2012, 08:45 PM

I'd be careful talking to the guy as well. I don't believe them being in the same cell is necessarily a coincidence. This happened to my brother and a co-defendent in his case. They put the other guy into his cell pre-sentencing and maybe it was even before the plea agreement. It was definitely not a conincidence. They moved my brother's cellie to another cell and moved the co-defendent in. Your guy must be very careful.

SchweiksGirl · #12 05-05-2012, 11:04 PM

Thanks Sis.
He knows. He's a smart guy and he knows this guy is going to have a hard road ahead being a snitch.

**MiniMoose** · #13 05-06-2012, 04:41 AM

Your statement is true that it's hard not be near that person but Zelda is correct in her statement. She herself may not be in prison but she has been around the system for quite some time and is extremely knowledgeable. I believe her comment is spot on.

Quote:

Originally Posted by SchweiksGirl

Kinda hard to not be near that person when ur locked in the same cell as them. And your not in prison so be thankful for that.

WorriedSis7 · #14 05-06-2012, 09:41 AM

The snitch thing is a big deal. But my point is more that they might have that guy trying to get more info from your guy to use in the case or a related case.

SchweiksGirl · #15 05-06-2012, 10:24 AM

I appreciate that MiniMoose. Wasn't meaning to offend anyone if that is the case.

Zelda50 · #16 05-06-2012, 01:46 PM

I'm not offended. I didn't know they were in the same cell. That's a tough situation to be in. And I am thankful I'm not in prison - and often think "there but for the grace of god go I" given how our government is busy criminalizing every behavior imaginable.

SchweiksGirl · #17 05-06-2012, 02:35 PM

I hear that Zelda. Im sorry if I sounded a lil "bitchy" it's been a crazzzyyy weekend dealing with all this. I see you have been around for a while so Im sure I could learn A LOT of you. Mind if I PM you?

WorriedSis7 · #18 05-06-2012, 03:27 PM

Wishing you the best SchweiksGirl and some peace and comfort during this difficult journey. It is very hard and can get crazzzyyy. Keep asking those questions. We all learn from each other.

MrsArtis · #19 05-06-2012, 09:16 PM

exactly, this is definetly not something you want to be broadcasting when dealing with the fed penal system!!!!quote=gachristy;6739426]Heck ya they can, the FEDS can do anything they want, the state as well. But wow, not something for somebody to brag about...especially with FED time...those guys don't play!!![/quote]