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