In a Federal
criminal case, a defendant usually has the opportunity to
cooperate with the government initially. This typically
requires the defendant to admit guilt on certain counts, and
then cooperate with the government on co-defendants and or
other persons suspected to be involved in illegal
activity.
A 5K1 motion is filed
by the prosecutor at time of original sentencing for the
defendant's cooperation if the prosecutor feels it led to
“substantial assistance”. This means that the defendant has
most likely helped secure guilty pleas of co-defendants or by
their information, caused the arrest or indictment of other
persons engaged in criminal activity. These are the two most
common way to receive a 5K1 motion.
At sentencing,
the prosecutor will file the 5K1 motion recommending usually
to the court a sentence reduction for the defendant based on
their cooperation with the government. This can range from
10-70% off, but ultimately the court has the final say on how
much time off is actually granted.
The main
difference from a Rule 35 motion, is that a Rule 35 motion is
only filed by the prosecutor post-sentencing and a 5K1 motion
is filed pre-sentencing. The objective of both motions is
generally the same; they both are requesting a downward
departure from the guidelines or the minimum mandatory
sentence.
We can help you
achieve a both motions for sentence reduction with our
consulting services. Contact us to find out more how this
works, and we will give you a free consultation to explain our
entire service and how we can get you or your loved one home
faster from prison.
Call now for a free
consultation
(561)313-9708
