Legal Question in Criminal Law in California

Proffer session pros and cons please

In a federal investigation, typically, why does the prosecution offer a ''proffer'' session, what protections should one expect to be given, and what should one expect to transpire afterwards?


Asked on 3/21/02, 8:26 pm

1 Answer from Attorneys

Steven Mandell Law Offices of Steven R. Mandell

Re: Proffer session pros and cons please

There is no single answer to your question, because each and every case is different. The prosecutor may feel his case is very strong, and you'll get less out of him in negotiations. Or vice versa. They offer "proffer sessions" so that a suspect comes to them, tells them everything he knows about other suspects, then they go out and bust the other suspects, sometimes even giving the original guy who provided the information a break in the severity of his case (plea bargaining or sentence bargaining). Most often, you will not know what you'll get from the prosecutor until after you tell them everything you know. They then determine how valuable you are to them and offer you incentives according to their perceptions of your value to them. It is totally one-sided. What you may get up front is a promise not to use your information against you if you tell them what you know and it doesn't help them at all, so they have no incentive to use you. Afterwards, you can expect to be treated like dirt, and possibly lied to if they can get away with it, and then you'll be sentenced for your original crimes. It varies quite a bit. Consult a lawyer in your area to discuss your particular situation and what should result from YOUR proffer session. Good luck.

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Answered on 3/23/02, 1:07 am


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