After navigating a trial or pleading guilty, a person next faces sentencing. While states vary in regards to their sentencing process, judges in federal courts determine how the sentencing process should proceed. One of the most common questions that people navigating the sentencing process in federal courts ask is what steps can be taken to reduce penalties.

The Importance of Cooperating with Federal Law Enforcement

The primary way in which a sentence is reduced is through cooperation with federal law enforcement. Cooperation can include a number of things such as providing law enforcement with details about how an offense occurred.

A person can either cooperate by providing details about criminal activity in which they were involved or unrelated criminal activity in which federal law enforcement is interested. In most cases, the more cooperation a person can provide, the more substantial the sentence reduction will be.

Rule 35 and Rule 5K1 Motions

When a person convicted of a crime cooperates with law enforcement, the prosecution will file a Rule 35 motion or a Rule 5K1 motion. The prosecution relies on these motions to ask a judge to reduce a person’s sentence. In most cases, Rule 5k1 motions are more advantageous than Rule 35 motions.

Only capable of being filed by federal prosecutors, Rule 5k1 allows penalties to be reduced before the sentencing process occurs. In many cases, Rule 5k1 motions help people convicted of criminal offenses obtain probation. Unfortunately, in situations in which it is determined that a person’s cooperation was not adequate or involved inaccurate information, the prosecution is able to refuse to file a motion.

Agreements that the prosecution will file Rule 35 or Rule 5k1 are rarely written. This is because the prosecution does not want to commit to filing these motions. Instead, many people who are convicted of crimes must rely on informal agreements. While these agreements are not as binding as more formal contracts, prosecutors are often reliable in what they promise so that they maintain an image as reliable and trustworthy.

A knowledgeable criminal defense attorney knows how to make certain that a person receives the best possible consequences for cooperating with law enforcement. We are prepared to make sure that a judge in your case awards the compensation that you deserve. In some situations, a skilled defense attorney can even obtain more favorable results than what prosecution recommends.

Reductions Offered by Federal Sentencing Guidelines

The Federal Sentencing Guidelines acknowledge a number of situations that allow a person’s sentence to be reduced by a judge. Some of the possible reductions under the guidelines include the following:

• A person who pleads guilty to the commission of an offense.
• A person who only played a small role in a criminal offense.
• A “catchall” provision exists under the guidelines for any element that leads to a more or less severe sentence

Speak with a Skilled Federal Defense Attorney

If you are facing a criminal conviction, it is often a wise idea to speak with a knowledgeable federal criminal defense attorney who can discuss the various ways in which you can receive a sentencing reduction. At the Federal Criminal Law Center, we have helped numerous people proceed through the sentence reduction process and obtain the best results possible. Contact our law office today to schedule an initial free consultation.