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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23155
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Ive been out on a federal pretrial release for 2 months and

Resolved Question:

I've been out on a federal pretrial release for 2 months and awaiting a date to go and profer on everything I know in the drug world. Sentencing will be in 6 to 10 months. When I was arrested, I had 3 delivery of CS charges. I then said I bought ounces here and there and that I was estimating that. That I didn't know for sure. I didn't say if it was meth or marij. Next I'm told in jail that I will be federally indicted and my charges changed to 1 count of conspiracy to deliver 50 grams or more and 2 counts of delivery of a controlled substance. My exboyfriend wore a wire on me 3 times. He was facing burglary and assault charges that would of put him in prison for 10 years. He is a felon already. He is in prison now for 10 months for possession of controlled substance. All other charges were dropped because he did 3 buys on me. Doesnt conspiracy mean 3 different people say the same thing on a person? I listened to the tapes and total weight was not over 50 grams. Did I indict myself by telling them I bought ounces here and there? I was under the influence of a controlled substance at the time I spoke to the police. How can a felon be creditable in the federal court system? I have a court appointd lawyer now. Do you hear of any loop holes so far? Does proferring really help me get lesser time? What questions should I ask my lawyer?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.

Conspiracy means that that there is evidence that you are involved in one way or another in the criminal activity in the case, and you can therefore face penalties as if you were the principal actor(s) in the crime. Obviously, the evidence is more damaging against some members of an alleged conspiracy than against others and that will play a part in your plea bargaining negotiations.

It's certainly possible that you made incriminating statements to the police and that they are being used against you, but the very fact that you were in there talking to them in the first place would indicate that they had other evidence against you as well.

Being cooperative and providing the Federal government with evidence against others is, in general, a path to a more favorable sentence. How much more favorable will be determined by the quality of the evidence they get from you, as well as by the facts and circumstances of your own involvement in the case.

One thing that's true is that you never have to take a deal that you don't like. You are always entitled to put the government to its burden of proof beyond a reasonable doubt and go to trial on the case. The Federal government has a 98% conviction rate, but some do beat the charges. You will need to discuss with your lawyer what defenses you might have and what your maximum risk would be if you are unhappy with the plea possibiliities and want to go forward to trial.
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