Don’t Let Them Pull a Fast One on You
There are a few things you should look out for when reviewing your plea before you file a motion for a change of plea in federal court to minimize your time in federal prison.
While plea mitigation is one of the services in all three consulting packages we offer, we don’t gatekeep good advice.
The first thing you need to determine is whether or not your plea is a binding plea: is it an 11(c)(1)(C), 11(c)(1)(B), or 11(c)(1)(A)? An 11(c)(1)(C) plea has to be taken all or nothing. If the judge accepts the plea, it has to be followed according to the terms agreed upon by you and the US attorney. Otherwise, he is not bound to those terms.
Here’s another question: does the plea agreement protect you from future charges?
In many cases, yes, you’ll be protected from any charges that arise out of the instant offense. But what about tax evasion or charges in other jurisdictions?
Review that clause like your life depends on it. Because, it does.
And, when you’re waiving your rights to appeal, you need to make sure you can still file under U.S.C. 2255 for ineffective assistance of counsel, and you do not waive your rights away to file under U.S.C. 3582.
While U.S.C. 3582 is generally used for motions related to compassionate release, it’s also the vehicle used to file for a sentence reduction when the sentencing guidelines are changed, and you may become eligible from a retroactivity clause.
But, of course, if you waive your rights to file under U.S.C. 3582 completely, you’ll be left out in the cold if you could get relief from a sentencing guidelines change. And given the way things have been changing over the past few years, you absolutely can expect more changes in the future. Don’t take that chance.