Q: I received a “target letter”.  What exactly does that mean?

• A: When you receive a target letter, the government is essentially notifying you that you are the “target” of an investigation.  Usually when they send you a target letter, you have been in their “sights” for a long time.  Many times in drug cases, you may have been under surveillance or your phone has been tapped.  Perhaps you received a target letter because your name was mentioned in a debriefing session with a defendant in a criminal case.  Whatever the reason, once you receive that letter you need to contact a qualified defense attorney immediately to discuss your options.

Q: My attorney told me that I should “proffer” with the government.  What does that mean?

• A proffer session essentially is a debrief.  There is an agreement made at the outset between you and the government that essentially says you are agreeing to speak with the government but no promises for of leniency for information are being made.  The only promise that is made is that the information you supply the government won’t be used against you in the future… unless you take the stand and lie.  Then the information can come in to impeach your testimony.  Proffering in a case is like a 1st date.  If the Government “likes” you and thinks your testimony can help their case, they’ll ask you out on a 2nd date, which may turn into a long term relationship.  That’s the cooperation agreement.

Q: What is a cooperation agreement?

• A cooperation agreement is exactly what it sounds like; you agree to cooperate with the government and plead guilty to a charge(s) and the government agrees to “give you a break” on the sentencing end.  Many times cooperation comes into play when a person is facing a statutory mandatory minimum sentence such as is commonly seen in drug cases.

Q: What happens if I decide I don’t want to cooperate any more?

• Before agreeing to cooperate with the government, you should consult with your attorney about the pros and cons of cooperation.  In Maine, cooperation agreements are often one sided and are driven by contract law.  That means, if you don’t uphold your end of the bargain, the government is off the hook for recommending a departure from the guidelines or a sentence below the mandatory minimum.  If you agree to cooperate, you must be 100% truthful.  Any deception on your part could have disastrous consequences.

Q: What is a mandatory minimum sentence?

• A mandatory minimum sentence is driven by federal statute.  Usually, mandatory minimum sentences come into play because you have a prior drug trafficking conviction, you exceed a certain drug weight/quantity, your crime involved the use of a firearm or you are a career offender.  There are other things that trigger the mandatory minimums but these are some of the more common reasons.

Q: Can the judge sentence me below the mandatory minimum sentence?

• No.  The judge cannot go below the mandatory minimum sentence imposed by statute without a 3553(e) motion by the government.  The only way to get the government to submit that motion is through cooperation.

Q: What are the sentencing guidelines and how do they apply to my case?

• The sentencing guidelines must be calculated in every case.  Essentially, you are given a criminal history category score and a offense level.  There is a chart that you look up the criminal history combined with the offense level that gives you a range of months of incarceration (ie, 51- 57 months).  However, the guidelines are not mandatory, they are discretionary.  The court is free to vary or depart from the guidelines when given good reason.  This is something that you should consult with your attorney about.

Q: Do I have to cooperate?

• No.  Like anything else in the law, each case must be viewed on a factual basis.  Your case is going to be different than the next client’s case.  You are the one that ultimately decides whether to cooperate based upon your attorney’s advice.  While approximately 90% of all federal cases plea out, not all pleas are the result of cooperation agreements.  In cases where there the government’s case is solid and the chances of prevailing at trial minimal at best or there are no mandatory minimum sentences applicable, cooperation may not be in your best interest.  Again, it is case by case decision and only you can make the decision to cooperate.

Q: What is a pre-sentence report?

• In every case that results in either a conviction following trial or a plea of guilty, the US Probation Office compiles a pre-sentence report.  The pre-sentence report is given a great deal of weight by the sentencing judge and will contain all of the pertinent information in your case including drug quantities and guideline sentencing ranges.

Q: Can my attorney object to the pre-sentence report?

• Yes.  The objections normally have to be filed in writing within 14 days of the pre-sentence report being compiled by the probation officer.