Is it common for the government prosecutor to concede with the accused on filing a 5K2.11 motion?
Asked on Apr 16th, 2013 on Criminal Law - Colorado
More details to this question:
Is it common for the government prosecutor to concede with the accused on filing a 5K2.11 motion? And is it common for the government to object on behalf of the accused on the pre sentence report, and write a mitigating factors memorandum?
If what you are referring to is a downward departure from the guidelines based upon US Sentencing Guideline Section 5K2.11 under a "lesser harms" theory, it is not common for the prosecutor to concede this point in federal court. Sometimes, a prosecutor will state no position on this type of motion. To be safe, the defense lawyer should negotiate with the prosecutor on this issue, and the government and defense positions should be stated in the plea agreement.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.