What is a 5K1 letter in federal court? 14 Answers as of June 23, 2011

What is a 5K1 letter in federal court? How is it beneficial towards a previously convicted felon? What is the Mandatory Minimum sentence for a Federal Felon in Possession Of a Firearm?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
A 5K1 motion is filed by the Government when a defendant provides substantial assistance in the solving of other cases and the Government seeks a reduction in what otherwise would be his sentence. There is no mandatory minimum for a federal violation of being a felon in possession of a firearm.
Answer Applies to: California
Replied: 6/23/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
If you have a case in Federal Court you must have a federal public defender or a retained attorney. The rules are very complex and you have not provided me with enough information to answer your question.Your federal public defender will be able to answer your questions as he is fully familiar with the facts and circumstances of your case.
Answer Applies to: New York
Replied: 6/23/2011
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
Unfortunately, I don't practice criminal law in Federal Courts. Consequently, I am unfamiliar with jargon of Federal Criminal Law. As far as Federal mandatory minimums I am equally in the dark. Sometimes, the state will prosecute felon in possession charges. In that case it will depend on the state where you were arrested. Here in Washington, mandatory minimums are calculated based on a defendant's criminal history and the seriousness of the crime. Unlawful Possession of a Firearm in Washington also has First and Second Degree of UPF depending on criminal history. The bottom line is I would have to know a lot about your circumstances to even get to a sentencing range in Washington State for UPF. That's not to say I wouldn't like to discuss this further. However, you may get a quicker more accurate answer from the Federal Public Defender's Office where you live.
Answer Applies to: Washington
Replied: 6/23/2011
Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
5K1.1 is a way that criminal punishment can be mitigated, so less time will be served. Different factors can determine the mandatory minimum sentence.
Answer Applies to: California
Replied: 6/23/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
It is part of the process of a defendant seeking downward departure from federal sentencing guidelines, for having cooperated with authorities. It is used in plea bargaining or in sentencing. I believe conviction on felon in possession incurs a mandatory 10 years, with no discretionary departure. If the case has already reached discussion of sentencing, you are way late to start worrying about such things. The defense attorney would have been dealing with these things from the beginning, in plea bargaining.
Answer Applies to: California
Replied: 6/23/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    A 5k.1 letter is an agreement generally involving cooperation of the defendant with the federal government generally in the form of assisting in obtaining or providing information about other defendants and other crimes in exchange for a favorable plea bargain. I would need to know more details about the weapons charge, such as what weapon or weapons, how many, any prior record and if so any prior record for weapons possession etc.
    Answer Applies to: New York
    Replied: 6/23/2011
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    A 5K1 letter is a letter prepared by the United States Attorney that is sent to the sentencing judge detailing the extent of the cooperation of the defendant in order for the judge to take into consideration (i.e., leniency) when sentencing an individual.
    Answer Applies to: New York
    Replied: 6/23/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A 5K1 motion is a motion by the prosecutor to reduce the sentencing guidelines based on "cooperation" by the defendant with the government which amounts to "substantial assistance." Generally, that means it results in the prosecution of another person. If a defendant cooperates before sentencing, the prosecutor can file a motion pursuant to 5K1.1 of the United States Sentencing Guidelines. If a defendant cooperates after sentencing, the prosecutor can file a Rule 35 motion. Presumptive sentences depend on many things including the person's past criminal record and other criteria on the Federal Sentencing Guidelines.
    Answer Applies to: Minnesota
    Replied: 6/23/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    5K1 is a provision under the United States Sentencing Guidelines that allows the federal courts to consider a lesser sentence than proposed when the defendant has rendered substantial assistance to the government in their investigation and possible prosecution of other persons.The sentencing range for any felony offense is difficult to determine as the facts of the case, the number and type of weapon possessed, and the prior criminal history of the defendant are all considered. The Court may apply the sentencing guidelines to determine the minimum and maximum punishment that may be applied. These guidelines are advisory but are often usedby the Court.
    Answer Applies to: Alabama
    Replied: 6/22/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    A 5K1 is a cooperation letter which says you assisted the government in various ways against other criminals. It allows the Judge to sentence you outside the Federal Sentencing Guidelines. This is very beneficial because otherwise you will be sentenced to whatever the guidelines determine. They consist of a series of definitions of various things such as: Your involvement level, prior record of convictions, whether you took responsibility for your actions, whether you lied on the witness stand during trial, etc. Each of these potential elements carries with it a number of points. The more points, the harsher the sentence will be. The minimum will be taken into consideration, but with a 5K1 you should be able to get past that as well. Good luck.
    Answer Applies to: New York
    Replied: 6/22/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    A 5K1.1 motion is a motion which the federal prosecutor may file if the defendant has rendered substantial assistance in the investigation and prosecution of others. You should retain your own criminal attorney and discuss all your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 6/22/2011
    McWhirter Law Firm
    McWhirter Law Firm | Barry McWhirter
    A 5K1 motion is a motion that the prosecutor in a federal case can make on behalf of a defendant who has, in essence, become a snitch. The motion will significantly reduce the amount of time that a defendant is facing for his/her conviction. A 5K1 motion also enables the district court to sentence a defendant below the statutory minimum.
    Answer Applies to: Tennessee
    Replied: 6/22/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It is a letter or motion from a United States Attorney to the judge telling them about how a defendant has cooperated with them or been helpful to them in some way, i.e. providing crucial testimony or vital information that has led to arrests or the uncovering of evidence. It can have a very good impact on your sentence. The mandatory minimum sentence will all depend on the sentencing guidelines and what sentencing agreements (if any) have been made.
    Answer Applies to: Michigan
    Replied: 6/22/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    You can google what a 5k1 letter is on the internet. I do not practice federal criminal law, so I cannot answer your question about the mandatory minimum.
    Answer Applies to: Colorado
    Replied: 6/22/2011
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