21 U.S.C. §841(b)(1)(a), 21 U.S.C. §841(b)(1)(b), 21 U.S.C. §841(b)(1)(c)
When a person performs substantial assistance on a possession with intent distribute marijuana case, whether in Miami, Fort Lauderdale, or anywhere else in Florida, they can earn a reduction in sentence by cooperating with the prosecution and law enforcement. Cooperation is usually performed in two ways:
- Working as a confidential informant,
- Testifying against others.
Unlike what you see in movies, a person doing substantial assistance is not released into the community to go off and conduct their own investigations into crime. On the contrary, your cooperation is very closely supervised and controlled by the direct instructions of law enforcement.
Working as a confidential informant can take many roles. Some of these include,
- Working in an undercover capacity with law enforcement to do drug deals,
- Identifying specific people involved in the drug trade,
- Informing law enforcement when drug shipments/deals are scheduled,
- Identifying locations where drugs are stored/manufactured (marijuana grow houses),
- Identifying specific vehicles, aircraft, vessels, or real property used in the drug trade,
- Explain/reveal methods used to evade detection by law enforcement.
When a person testifies against others, his/her identity as a prosecution witness is not confidential. In fact, the prosecution has a duty to disclose the identities of all witnesses it intends to use at trial. Moreover, when a person testifies, it is done in open court before a judge and in the presence of the defendant and his/her attorney. Once a person testifies for the prosecution, he/she will also be subjected to cross-examination by the defendant’s criminal attorney.
Benefits of Cooperation/Substantial Assistance:
Possession with Intent Distribute Marijuana in Miami or Fort Lauderdale
In Federal court, when a person cooperates with the prosecution and performs substantial assistance, he/she is eligible for two types of sentence reduction. These two types of reductions are a product of two rules in Federal court:
- 5K1.1 of the Sentencing Guidelines
- Rule 35 of the Federal Rules of Criminal Procedure
Before we explain the difference between 5K1.1 and Rule 35, it is important to first understand the process.
When a person wishes to cooperate with the prosecution or perform substantial assistance, especially in a possession with intent to distribute marijuana case, it is important to follow these steps:
Do not talk to law enforcement on your own. ALWAYS use a criminal attorney. Anything you say as the defendant can be used against you in court. The things your criminal attorney says cannot be used against you.
Get everything in writing. Cooperation/substantial assistance is not performed on verbal promises, instead an actual document called a “Queen for a Day” is drafted and signed by all parties, including your criminal attorney. As silly as the name sounds, a “Queen for a Day” allows a person accused of possession with intent to distribute marijuana to speak freely and openly with law enforcement.
Tell the truth. If you are caught lying, withholding information, embellishing information, or conveniently forgetting things, the prosecutor will cancel the agreement and you will have a host of new problems that will make your case worse.
Make yourself available. I am sorry if investigators come calling on a day when your nieces’ poodle is having a birthday party. When they call, you answer. When they want you to show up at a meeting, you show up. When you are asked to do something , you do it 100%.