What Is a Proffer Session in Federal Court, and Should You Do It?
By James L. Spies | AggressiveCriminalLaw.com
If you are under federal investigation, you may hear prosecutors or agents talk about doing a proffer session. To many people, it sounds simple: just go in, tell your side of the story, and maybe they will go easy on you. The truth is more complicated. A proffer session can help you, but it can also hurt you if you do not understand the risks.
What Is a Proffer Session?
A proffer session is a meeting between you, your lawyer, and federal prosecutors (often with agents present). You sit down and talk about what you know regarding an investigation. The terms of the proffer session are spelled out specifically in writing before it begins.
The government promises that, generally, what you say during the session cannot be used directly against you in court. In return, you agree to speak truthfully and completely about what you know.
Why Do Prosecutors Offer Proffer Sessions?
Federal prosecutors use proffer sessions to:
Gather information to build cases against others.
Test whether you are truthful and consistent.
Decide whether to offer you a cooperation deal or reduced charges.
To them, it is an investigative tool. To you, it can be an opportunity, but also a trap.
How a Proffer Session Can Help You
Cooperation credit: If you provide valuable information, the prosecutor may file a motion for a reduced sentence.
Clarifying your role: Sometimes a proffer helps show you were less involved than prosecutors first thought.
Opening the door to negotiations: Proffers can lead to plea deals that are far better than the worst-case scenario.
How a Proffer Session Can Hurt You
Indirect use of your words: Even though your statements cannot usually be used directly, prosecutors can use the information to find other evidence against you.
Inconsistencies: If you are not completely truthful, or if your story changes later, prosecutors may use your statements to argue you are lying.
No guarantee of a deal: Just because you proffer does not mean you will get a cooperation agreement or a lighter sentence.
Why You Need a Lawyer Who Understands Proffers
Walking into a proffer session without an experienced federal defense lawyer is dangerous. An attorney can:
Negotiate the terms of the proffer agreement.
Prepare you for the questions you will face.
Protect you from over-sharing information that could backfire.
Make sure the government lives up to its side of the deal.
Conclusion
A proffer session can be a turning point in a federal case. For some, it opens the door to reduced charges or lighter sentences. For others, it only strengthens the prosecutor’s case. The difference comes down to preparation and strategy.
If you have been asked to attend a proffer session, do not go it alone. Talk to an experienced federal defense lawyer who knows how to protect your rights and guide you through this high-stakes decision.
