If you have been offered a proffer agreement, it is natural to want to know ahead of time what will happen. At a proffer interview, you can expect a government investigator, prosecutor, or other representative to:
- Ask a series of questions about the crime you were involved in
- Ask for information about the other people involved in that crime
- Get all of the information they need to satisfy the terms of the proffer agreement
As your Philadelphia criminal defense lawyers, we can set up a proffer interview if we feel that doing so is in your best interests. We can also decline offers of a proffer interview as necessary.
What Is a Proffer Interview?
The prosecutor in your case may suggest a proffer interview if:
- They believe you have important information that could help them prosecute others involved in the case.
- They are more concerned with prosecuting others than with prosecuting you, perhaps because you did not play as large a role in the alleged criminal activity.
Proffer interviews are generally only available to those accused of white-collar crimes, such as embezzlement, fraud, or tax evasion, that the government is involved in investigating. They are not usually extended to those accused of violent crimes.
What to Do Before Your Proffer Interview
Before the interview, the prosecutor may ask you to sign an agreement that lays out the terms of the interview and the overall agreement. Do not sign anything without consulting our defense law firm. We can review the agreement and make sure you are not inadvertently signing away your rights.
Our criminal defense lawyers can help you by explaining how the proffer interview process works and answering any questions you have about it. Do not be shy about asking questions: you want to avoid surprises concerning what happens at a proffer interview, including:
- Who is and is not in the room during the interview
- What your interviewer will ask you about
- What your rights are during the interview (e.g. if you can ask for breaks)
- How long the interview will last
As a final step, we can hold a mock interview. This gives you the chance to practice your responses and get a sense of what the real interview will be like.
What to Do During Your Proffer Interview
During the interview itself:
- Answer questions honestly. Do not hide information, even if you are afraid it makes you look bad, and do not simply tell the interviewer what you think they want to hear.
- Admit when you do not know an answer. Again, you should not say anything that is untrue. If you are not sure or do not know something, say so.
- Ask for clarification if needed. If you are unsure of what the interviewer is saying, you are allowed to ask them to rephrase or explain what they mean.
- Do not volunteer extra information. Address the question posed by your interviewer and stay on topic. You are not obligated to provide any information they do not ask about.
What to Do After Your Proffer Interview
Once the interview is behind you, you may feel happy and relieved. It is good to celebrate milestones like this, but be careful not to:
- Contradict anything you said during the interview
- Discuss the contents of the interview with anyone else
- Make any confessions or admissions of guilt
For a free legal consultation, call 215.515.3360
The Pros and Cons of Accepting a Proffer Agreement
The terms of the proffer agreement may depend on which government agency is making the offer and the exact nature of the crimes you are accused of. In general, you can expect to benefit by:
- Not being directly prosecuted for any of the crimes you discuss during the interview
- Establishing yourself as a helpful witness, a fact that the judge may take into consideration if you are sentenced for a related crime
It is important to realize that, while the immunity granted by a proffer interview can be important, that immunity is not unrestricted. The prosecutor typically reserves the right to:
- Bring charges of perjury if they find out you lied during the interview
- Investigate any leads you provide during the interview, which might, in turn, lead to evidence of other crimes you were involved in, and give them the chance to prosecute you for these crimes
- Use any statements you made outside of the proffer interview against you
Is a Proffer Agreement Right for You?
A proffer agreement is a helpful tool for many people accused of white-collar crimes, but it is not right for everyone under every circumstance. If you have not already hired our defense lawyers in Philadelphia by the time the prosecution offers you a deal, it is best to get in touch with us immediately.
Our legal team can review any proffer agreements or other deals on offer and make sure they are truly best for you. If not, we can pursue other options, such as:
- Seeking reduced charges. By reducing the charges against you from a felony to a misdemeanor, for instance, you would not have to worry about facing the most onerous penalties associated with that charge.
- Negotiating a new deal. There may not be much room to negotiate in a proffer agreement, so if we do not like their terms, we can negotiate a plea or another kind of arrangement instead.
- Representing you in court. If we feel that you have a strong case, the best option might be to go to trial, present our evidence to the jury, and trust the jury will agree that letting you go is the only fair option.
Under 18 Pa. C.S.A. § 923, criminal penalties can vary widely, but they often have devastating effects on the accused’s finances, career, family life, and future. While agreeing to a proffer interview might be a tempting way to potentially avoid these consequences, it is vital that you seek legal advice from our law firm before doing so.
Learn More About Proffer Interviews From Our Law Firm
The Law Offices of M.J. Snyder, LLC, can make sure you are prepared for everything that occurs during your case by explaining what happens at a proffer interview and helping you prepare for your discussion with the prosecutor. Call today to find out, at no cost or obligation to you, how our aggressive attorneys can protect your rights.
