Me and a bunch of other co-defendants has already gotten sentenced, but the actual people were not caught yet. There soon to be caught but once there caught, then where suppose to get are 5k.....Is that how it works, or were we promised bull@#%t!!!!!:fb: :pissed:

nvee, welcome to PTO. And, I am afraid the feds have a long history of making promises they do not keep. I wish you the best of luck. check out our Federal Forum

Welcome to PTO. I hope you can find your answers here. Maybe only time will tell whether they'll honor their promises, but Flygirl knows what she's talking about, since she's had a loved one doing federal time for awhile now.

Thanks for the reply guys......I really didn't know how to word my question, cause I didn't want to make myself look like a snitch. It's just I have a child that I truely love; and everything I do, I do for my child. The right and wrong things. I just can't see myself being away from my child for 3-5yrs. So I did what I had to do, and unfortunately I feel like I have gotten played. Cause I really never heard of anyone getting resentenced or a 5k reduction in the mail.

Hi T.R.O,

My loved on is doing fed time and was "promised" a 5K1 motion for information regarding a dirty cop. During the sentencing the prosecutor never showed up to submit the 5k1 on his behalf and he was given the full time that was written in the plea. The prosecutors told him that they had to write the full time amount in the plea but that they would do as they said. They didn't. All I can say is get it in writing, I also heard of something called an Alfred plea that the attorney should have asked for. Your attorney really needs step up and fully represent you. His just laid down and rolled over, his attorney didn't even bother to speak up and refer to the oral agreements that had been made by the prosecutor. He just acted like Joe had "misunderstood" what had been told to him regarding the downward departure.

The prosecutors hold all the cards, you literally have to trust that they will do as they say. A college law professor just said that an "honest AUSA" is an oxymoron. Go figure!

All I can say is that if you feel something isn't right, speak up for yourself, don't let them railroad you whether it's your own attorney or the government.

God Bless,
MJ

Also T.R.O.,

From our experience, the prosecutor should have filed for the 5k1 the day that you were sentenced. I believe in their manual it states something like if the information you provided was used in the investigation or prosecution of another you are entitled to it. I don't see why you would be told to wait for the outcome of the other situation before you get what was told to you.

I don't know if there is a time limit or certain protocol the prosecutors follow when it comes to actually filing this motion.

I would think it would happen the day of sentencing.

Someone will chime in with more information.

they have up to one year after sentencing to file, I believe. There are threads with specifics in the Fed forum.

There is a one year time frame. And yes, promises don't necessarily mean things. What I tell people all the time, if it is not written down, it does not matter what the atty said, the judge said, etc... it only matters what is written.

5K's are offered all the time, and don't let anyone fool you, there are many inmates that take up the offer. That doesn't mean that they talk about it, but they still take it.

One trick that the USA's use a lot is that they will offer a 5K if a person cooperates, and then, 'IF' the USA likes the info provided, and then considers it a big help, he 'may' go ahead with the 5K.

I have seen inmates provide the assistance, and then be denied the 5K because the USA didn't think that the assistance was worthy of it.

Best of luck
Gyg

My husband and his co-defendant offered information about a different case. The co-defendant was sentenced last month & the promised 5k1 evaporated into thin air. The AUSA called him a liar and untrustworthy. My husband still has the opportunity to get his 5k1, but we're not counting on it. The attorney mentioned having it filed after the fact, but I doubt that will happen either. This particular AUSA is notorious for promising them & then not giving them. In fact, my attorney says he's only gotten a couple of them from this AUSA but from others, he's gotten them all the time.

Good luck, but don't depend on what you're told. I understand doing what you have to do to be near family, but don't believe the govt's promises in this situation.