Thursday, October 30, 2014

Should I be a Confidential Informant / Rat / Snitch / CI? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

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:   Chosen as "Best Answer" by Asker on AVVO!


Michael Adam Haber

PRO


Contributor Level 20

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 more than 25 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.

You may wish to watch the following #HaberPA VideoFAQ's:

# 9)  Cooperation After Arrest - https://youtu.be/PNrbWZU22Gc

# 194)  Can a Cop Threaten to put me in Jail if I don’t Cooperate? - https://youtu.be/q9PeUtUePG8

That said, 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.)


At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


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


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


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL #HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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