A proffer agreement is an arrangement sometimes extended to people accused of white collar crimes. In exchange for limited immunity for your own role in the criminal activity, you would provide the government with information about the crime and the other people who were involved.
It is a good idea to get legal advice before you sign a proffer agreement. Our Philadelphia criminal defense lawyers can review the terms of the agreement so you can be confident that you are making the right choice.
What Is a Proffer, and Should You Accept One?
A proffer agreement is a legal arrangement offered by the government to people who were involved in crimes like tax evasion or embezzlement. When the government comes to you with a proffer, it is usually because:
- They want to build a case against other people who participated in the crime
- They are more interested in prosecuting these other people than in prosecuting you
- They believe you have information that could help them build their case and are willing to offer incentives to get that information
There are pros and cons to accepting a proffer. One advantage is that the government cannot prosecute you for any crimes you discuss during the proffer interview. However, they do have the right to look into any and all statements you make during that interview and to prosecute you for other crimes they uncover during their investigation.
You do not have to make this critical decision by yourself. Our criminal defense law firm can carefully review the proffer, answer your questions about it, and help you decide if accepting it is a good move for you.
For a free legal consultation, call 215.515.3360
What Are the Terms of a Typical Proffer Agreement?
Specific terms will differ depending on the crime(s) involved, which government agency is making the proffer, and how valuable they believe your information is. In general, you can expect a proffer agreement to say that:
- You will appear at a specific time and place for the proffer interview
- You will answer all of the government’s interview questions fully and truthfully
- The government will not use any of your interview responses against you in court
- The government can still use any statements you make outside of the interview against you
- You are not immune to prosecution for crimes not discussed during the interview
If you agree to a proffer interview, our criminal defense attorneys can help you prepare by explaining what kinds of questions you can expect and holding a mock interview so you get a better sense of what the real one will be like.
Your Obligations Under a Proffer Agreement
Once you accept the government’s terms, both sides are required to abide by them. Violating the agreement—for example, if you provide untrue responses during the interview—could jeopardize the benefits you receive under the agreement.
Our legal representatives can coach you on how to uphold your end of the bargain. That could include instructing you on how to answer the interviewer’s questions honestly without volunteering extra information that could lead to your arrest or prosecution.
What if You Reject a Proffer Agreement?
You are under no obligation to accept a proffer or any other agreement put forward by the government or the prosecutor. If you do not like their terms, you can reject the proffer, and your case will proceed along normal lines. This may include:
- Negotiating a plea: A plea allows you to skip a trial and avoid the worst penalties associated with the charges against you. You would plead guilty, receive your sentence, and be able to move on with your life sooner.
- Getting the charges reduced: As 18 Pa. C.S.A. § 923 explains, penalties like prison time and fines get more severe as the seriousness and number of the charges increase. We can work with the prosecution and see if they are willing to reduce the charges against you so that, if convicted, your sentence will not take up so much of your time and resources.
- Getting the charges dismissed: When the prosecution’s case is especially weak, our criminal defense attorneys can ask the judge to dismiss some or all of the charges. You would not need to worry about those charges anymore.
- Suppressing evidence: Was the evidence against you collected illegally? Our legal team can file a motion to suppress. This would prevent the prosecution from using that evidence against you and, potentially, weaken their case.
- Representing you at trial: If your case goes to trial, our Philadelphia lawyers can handle everything, from questioning witnesses to presenting oral arguments. We do everything possible to convince the jury that the prosecution’s case is not strong enough to support a conviction.
- Seeking expungement: Pennsylvania residents accused of nonviolent crimes often have the right to request that their criminal records be expunged so no one else will ever know about your arrest or conviction.
If you do accept the proffer agreement and end up facing prosecution for other crimes, our legal representatives can perform many of these same tasks.
Which Legal Approach Is Right for Your Case?
One of the benefits of hiring our defense lawyers is that we can conduct our own investigation independent of the government or the prosecution. This allows us to:
- Decide whether or not accepting a proffer is in your best interest
- Figure out how to protect your rights in and out of the courtroom
- Identify weak points in the prosecution’s case, which could allow us to negotiate for better terms
Ultimately, it is up to you to decide whether or not you accept a proffer. Doing so is beneficial for many, but it is vital that you understand what you are getting into before you sign a contract or make a verbal agreement. Our law firm is here for you if you want our advice and assistance.
Our Lawyers Can Explain More About Proffer Agreements
Call the Law Offices of M.J. Snyder, LLC, now for a free consultation about your rights. Our smart, aggressive lawyers can tell you what a proffer agreement is, review any proffers or other arrangements that are on the table, and make sure that whatever deals you reach will benefit you.
