Call me confidentially, 24/7 1-888-SHARK-8-1 Español

Blog · October 30, 2014

Snitch / Rat / CI / Confidential Informant / Cooperating Witness / Cooperation Agreement / Lower Sentence / Reduced Sentence / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     Prosecutor is telling me and my attorney that if I set people up, he will recommend a lower sentence to the judge.  My lawyer is telling me that even if the prosecutor doesn’t recommend it he can bring it up the judge and recommend a lower sentence for cooperation. The prosecutor is telling me that he is not putting anything in writing and never will. My lawyer says that the prosecutor is trustworthy and it doesn’t matter if he puts it in writing or not. Can you explain why he will never put anything in writing?

A:   

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/prosecutor-is-telling-me-and-my-attorney-that-if-i-1737485.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

Contributor Level 20

9 lawyers agreed with this answer

Stephen Ross Cohen
Stephen Ross Cohen
Criminal Defense Attorney – Rancho Palos Verdes, CA
Anthony Michael Solis
Anthony Michael Solis
Criminal Defense Attorney – Los Angeles, CA
Jerome Weldon Matthews Jr
Jerome Weldon Matthews Jr
Criminal Defense Attorney – New Orleans, LA
Aseal F Morghem
Aseal F Morghem
Criminal Defense Attorney – Apopka, FL
Raymond George Wigell
Raymond George Wigell
Criminal Defense Attorney – Chicago, IL
Keith Michael Petrochko
Keith Michael Petrochko
Speeding / Traffic Ticket Lawyer – Lake Mary, FL
Stephen F Wallace
Stephen F Wallace
Federal Crime Lawyer – High Point, NC
Nicholas Dwight Thornton
Nicholas Dwight Thornton
Criminal Defense Attorney – Fargo, ND
Kristin D Figueroa-Contreras
Kristin D Figueroa-Contreras
Criminal Defense Attorney – Miami, FL

” href=”http://www.avvo.com/legal-answers/prosecutor-is-telling-me-and-my-attorney-that-if-i-1737485.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>9

Lawyers agree
Answered . The government is not obligated to enter into any agreement with you, although usually they do, as once you sign a substantial assistance agreement you are screwed 6 ways from Sunday is you fail to perform to standards.

Why does the government not want an agreement? There are many possible reasons. Maybe they do not believe that you can or will actually perform. Maybe they do not wish to be obligated tyo give you any positive recommendation. Perhaps they have a strategic reason like wanting to be able to deny the existence of an agreement. Again, there are many possible reasons.

I’ve been practicing primarily in Miami-Dade County for almost 23 years and I can make 3 observations about your situation: 1) Many folks rue the day that they ever chose to sign off on their substantial assistance agreement (as once you sign it you are locked in, there is no escape and if you fail to perform to the government’s standards then you are likely double dog dead with no where to run), 2) Most prosecutors are in fact honorable (meaning that they probably have a strategic as opposed to a sadistic reason to not want a written agreement with you) and 3) In the off chance that you have a dishonest AUSA who intends to sandbag you then you can take solace in the fact that your lawyer has accurately told you that s/he can petition the court for a deviation based upon oral substantial assistance even in the absence of a written contract with the government.

Have faith in your lawyer, who should be, and most probably is, looking out for your interests.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.

At Michael A. Haber, P.A. “Its all about reasonable doubt”! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

“Like” Michael A. Haber, Esq. @ www.facebook.com/haberpa / follow Michael A. Haber, Esq. @ http://habercriminallaw.blogspot.com




More from the blog

Request a free case evaluation

It's all about Reasonable Doubt!

#HaberPA has been providing boutique Criminal Defense, DUI, BUI, Domestic Violence, Probation Violation, Seal and Expunge, and Victim Rights Advocacy representation since 1991.

When it comes to "The Four Cs" (i.e. Cops, Criminal Courts and Constitutions) your interests are almost always best served if you choose to "UPx2" (i.e. "Shut-Up" / invoke your 5th Amendment Privilege Against Self-Incrimination and "Lawyer-Up" - invoke your 6th Amendment Right to Counsel) and call #HaberPA, stat!

Call toll free 1-888-SHARK-8-1

Footer Contact Form
Call 1-888-SHARK-8-1 free consultation