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Careful Who You’re Hanging Out With

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Imagine you do something wrong and then confide in a colleague or new “friend” … and then imagine that colleague or your “friend” is working quietly and confidentially with his Government to reduce or mitigate his earlier sentence (ie, typically a prison sentence, to be served at some defined date in the future) — and yet the original sentencing dates back over a year ago, such that you never even knew about it … Well suffice it to say, be careful who you’re hanging out with, or more to the point, who you’re confiding in!

The federal sentencing laws in the United States, pursuant to the Federal Rules of Criminal Procedure, now allow for a federally sentenced defendant to “flip” on or cooperate against others well beyond a year after his or her original sentence. Check out this latest amendment to the Federal Rules of Criminal procedure, specifically Rule 35:

The court may reduce sentence on motion of the prosecutor based on substantial assistance *even AFTER one year from the date of sentencing, under these less often used subsections of Rule 35:

“Rule 35 (b) (2) (A) …
” … information NOT known to the defendant until one year of more after sentencing;

(B) “… Information provided by the defendant to the government within one year of sentencing, but which did not become useful to the government until more than one year after sentencing”

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About the Author:

John M. Castellano is a Fort Lauderdale criminal defense attorney who has helped thousands of clients throughout Florida. While building a reputation as a premiere Fort Lauderdale DUI attorney, Mr. Castellano has worked tirelessly to develop strategies to best protect the rights of those arrested for DUI in Broward, Dade and West Palm. However, Mr. Castellano is not just a drunk driving lawyer. He has been a successful domestic violence attorney, drug trafficking attorney, as well as all other Felony and Misdemeanor cases.