What are the risks of cooperating?
There are several – although an experienced defense attorney can help minimize them. The most serious risk is to the safety of the defendant and the defendant’s family. Other inmates, co-defendants, or the people against whom the defendant is cooperating sometimes learn of the cooperation, or suspect it. When this happens, they sometimes threaten to harm the defendant or his family. The risk is greater for inmates in higher-security institutions (which house more violent offenders). Although threats are not uncommon, it is my understanding that few cooperators or their families are actually harmed as a result of cooperation. There are several things a defense attorney can do to minimize this risk. For example, if the defendant is incarcerated, defense counsel can make sure that visits by government agents are not seen by other inmates. The second risk is that a defendant could be prosecuted for additional crimes that he reveals as part of cooperation. A “proffer agreement” with the gov
