![]() ![]() ![]() What is a proffer agreement in a criminal case? Their statements won’t be used against them later in a criminal proceeding.Ĭan a proffer be used against you? What is an attorney proffer?Īn attorney proffer is where counsel meets with the government without the client present and outlines hypothetically what the client is expected to state during a client proffer (see Attorney Proffers). Similarly, many proffer/Kastigar letters are explicit that any statements or other information provided either by the client or counsel may be used to cross-examine the client in the event of trial where the client offers testimony material different from the statement or information provided.Ī proffer agreement is a written contract between a federal prosecutor and defendant, or a person under a criminal investigation, where they will make an agreement to give the prosecutor useful information. Accordingly, by signing a proffer agreement, you and your client are granting the government permission to use your statements against you in all but the most limited circumstances. ![]() evidence.Ī proffer session is a meeting between the de- fense and the prosecutor in the course of an on- going government investigation. To offer or present for immediate acceptance or rejection, usually evidence at trial. Then, the defense attorney will usually sit back while the prosecutor and the agents ask questions.ĭefinition. During a proffer session, the defense attorney will usually begin with a preliminary statement about the topics that the client will address. ![]()
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