Common Mistakes That Lead to Longer Federal Prison Sentences
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- Опубликовано: 20 июл 2024
- Many people continue to make bad decisions after they become the target of a federal investigation.
I’m excited to introduce my friend, Andrew Bernstein, a Fox Rothschild partner specializing in white-collar criminal defense and government investigations. Andrew has a unique background, having started as a New York City public defender dealing with serious crimes, which laid the foundation for his expertise in trial law. His journey through various law firms has culminated in his current role, where he focuses exclusively on white-collar defense.
Andrew and I discuss proffers. A proffer, often called a "queen for a day," is a meeting with the government where the individual can share their side of the story. This meeting is protected by a "proffer agreement", which ensures that the statements made cannot be used directly against the individual. The information, however, provided can lead to further investigation by the government. The proffer is an opportunity to mitigate the charges or explore cooperation.
A proffer can fail in numerous ways, particularly if the individual lies or misleads. Misrepresentations, even by omission, are treated as seriously as outright lies. The government often knows a significant amount of information beforehand and uses the proffer to gauge the individual's credibility. Therefore, honesty is paramount. If honesty is not the priority, that person should not proffer!
To effectively defend a client, a lawyer needs complete honesty from the outset. This open communication allows the lawyer to provide the best possible advice and avoid any missteps that could inadvertently harm the case. Building a trusting relationship with the client is essential for achieving this level of openness.
Starting preparation early is crucial. When a client is aware of an investigation, efforts should begin to prepare for all eventualities, including a potential trial, guilty plea and sentencing. Engaging with probation officers, preparing for pre-sentencing interviews, and continuous mitigation efforts are all critical components of this preparation.
In summary, navigating a government investigation requires immediate and strategic action. Engaging with experienced professionals like Andrew can provide invaluable guidance.
I am thankful that joined our show and is in our community. I encourage defendants in New York to reach out to him with questions.
Andrew M. J. Bernstein
PARTNER
abernstein@foxrothschild.com
New York, NY
Tel: 212.450.9843
Best,
Justin Paperny
P.S. The following URL includes links to our videos with Federal Judges and other subject matter experts:
prisonprofessors.com/subject-...
jp@whitecollaradvice.com - 818-424-2220
Visit www.whitecollaradvice.com to access our federal prison blogs
/ federalprisonadvice
/ justinpaperny
Phone : - +1 818-424-2220
Hard not to like this attorney. Andrew Bernstein is insightful. There is always something you can do that paints you in a different light (a positive or negative light). Great interview. You can tell he cares about his clients.
Totally agree. Well said. We are fortunate to have him in our network.
Justin, thank you so much for this video, i have watched so man times and it truly helped. I went to my proffer interview this past Monday, July 15. I had not only the AG and his team but an FBI agent there... i had 4 people darting me with questions. After my proffer, they all shook my hand and said I did great, my Lawyer even gave me a fist bump on the elevator ride down. I could NEVER done it with out this video. Thank you again!
Thanks very much gentlemen, the insight regarding most Judges mindset stepping into a sentencing appearance is especially helpful. I’m up for sentencing for fraud in Canada in the next couple days. It seems a lot of the steps involved in the US and Canadian justice systems are quite similar and after reviewing what my pre sentence report looks like on paper and how the probation officer interpreted our interview I certainly wish my lawyer had been present so that issues and points I felt needed had been highlighted.
Thank you for sharing your thoughts, and I’m wishing you success at your sentencing hearing. Make sure you articulate the correct statement to your judge. We are here if you need help.
First rate attorney
I am scared. I have heard that the way to get thru is to "do your own time". What does Do You Own Time mean? thanks,
Why can't I find an attorney to do post sentence conviction? Due to no contact, no nothing cp ? Passed an FBI poly no criminal history. We had private attorneys and no one helped. The truth was never told. You know the story. He was 21 years old when he went in. He was with other friends being stupid. We don't deny our son was a butt head. Help me make sense to this.
thank you
Justin usually works for clients who had non-violent offenses who face Federal Prison. It looks like your son’s needs are different. He joined a group of other young people, without apparently realizing they would take part in at least one violent crime.
He got “pulled” into that group, and was convicted as a “participant.” This is very common among some young people who know NOTHING about the law, and you can get convicted by JUST BEING THERE!
It’s probably too late to change his legal status. As a parent, you can support him by being “tough” with him and helpful at the same time.
First thing he has to do is change his attitude and STOP using drugs. Otherwise, you will just spin your wheels and waste hundreds of thousands of your retirement savings.
This process starts with him. Not expensive attorneys
Sanjosemike (no longer in CA)
Can you still go to a camp if it's a probation violation? I have low points and 6 month sentence
Yes. Join our weekly webinar to prepare.