The White Collar Consult...

How Can A Defendant Gain A Departure From The Sentencing Guidlines?

My experience in the criminal justice system lasted over 4 years. I was involved in a conspiracy where other people were being charged and I was cooperating with the Department of Justice. After being approached by the FBI in April of 2012 the first thing I did was contact an attorney who I knew had experience with securities fraud, the matter I was being charged with. That attorney initiated contact with the FBI, brought me to my proffer, and negotiated my plea agreement. That was the extent of what he was able to do for me. I later changed attorneys to a former prosecutor who had strong relationships with the US Attorneys’ office and was able to negotiate my plea agreement and put me in a better starting position. Hiring this particular attorney was one of the factors that lead to me receiving a non-custodial sentence. Hiring a strong attorney is vital.

In addition, a strong mitigation strategy is equally important. When you are charged with a federal crime it’s entirely up to the prosecutor what the charges will be and what your sentencing guideline number will be. If you decide to plead guilty you can take one of 2 approaches, the guidelines are the guidelines and there is nothing you can do to change the outcome or you can work to create a new track record and show your sentencing judge why you are worthy of a departure from the sentencing guidelines. In my case I made the decision early on I would work to change the way the prosecutor, probation, and ultimately my sentencing judge viewed me. Through the work, I did in addition to my cooperation I was able to mitigate my sentence from guidelines of 78-97 months to 1 year of home confinement.

 

If you have been charged with a Federal Crime and are interested in gaining the lowest possible sentence please call me today for a no-obligation personal sentence mitigation consultation.

 

Coleman Flaherty 

www.whitecollarconsult.com

781-690-5077

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