ascott353
02-08-2006, 02:43 PM
Or, as my attorney has said it is better to plea without -- the reason i ask is in similar cases to mine involving online pharmacies in the US it seems those who where indicted and then plead did better.
I have been offered a 24-36 month sentence for conspiracy to distribute schedule III with the standard departures such as "saftey valve", and admission of guilt, although they took away the "minor" role reduction to be hard assed even though I only worked there for 5 months out of the 2 years it was in business -- also, after the Feds shut them down I stopped assisting the company unlike many others who continued to do so and where not charged with anything.
Does anyone have any advise?
John B. Webster
02-28-2006, 08:05 PM
The initial question is rather hard as it requires you to analyze not only what you may have done but what the government can prove if pushed to. That is the hard part---trying to learn what admissable evidence is available. Dont think for one moment that if you reject the Information/ Plea alternative that they will not indict you. They will. I went with the "FU indict me" approach and about 4 seconds later they did. Not the best plan.
The next thing to look at (with your attorney) is what are they giving you that you wouldnt get after indictment with a non-negotiated plea? Many folk forget that you dont have to negotiate a plea. You can just plea to the indictment and let the court decide the sentencing factors. I have worked on many cases where this has worked out very well for the defendant. The question is: What are they giving you that you wouldnt get anyway. You probably would still get the Acceptance of Responsibility adjustment. You probably would get the safety valve if you otherwise meet the 3553(f) factors. (Watch the organizer, leader, et al issue as if you get tagged there, you lose the safety valve). BTW, if they are trying to limit the safety valve to a 2 point reduction under the USSG's, your lawyer may want to re-read Booker). Will the Base Level and Specific Offense Characteristics remain the same? They usually do. Would you be able to successfully fight for the minor role adjustment? What are the provable facts there? What departures are you giving up under Chapter 5? Do you stand a chance getting any there or under 3553(a)?
These are the questions that you and your lawyer must analyze and answer. No guesses; no games; no looking back. There is where your Esquire earns his/her money.
Good luck