Cooperation with federal prosecutors typically involves turning over incriminating documents, cooperating with federal agents, interviewing, participating in grand jury proceedings, or testifying at trial. In some cases, cooperation may involve a “proffer” session, in…
When Do I Need a Second Opinion on a Proffer Before I Speak? Can I Just Get a Second Opinion on My Proffer if I Am Not Satisfied After Speaking? Can I Seek a…
Lawyer Confidentiality Under Model Rule 1.6, a lawyer’s duty of confidentiality “covers all information relating to the representation, regardless of its source.” This duty applies for the life of the relationship with the lawyer…
Rule 35(b) allows a federal judge to reduce a sentence if a defendant provides “substantial assistance” after their sentencing. While both U.S.S.G. § 5K1.1 and Rule 35(b) allow for the possibility of a reduction…
Section 5K1.1 of the U.S. Sentencing Guidelines applies when the assistance is credited at the original sentencing. Federal Rule of Criminal Procedure 35(b) governs substantial-assistance reductions after sentencing. In either case, your substantial-assistance reductions…
No. A proffer session is distinct from both a guilty plea and a plea agreement. With a guilty plea, the defendant waives their right to a trial in exchange for a sentence offer. With…
Yes, it matters significantly who attends your proffer session, and the dynamics of the session change if FBI agents are present without Assistant U.S. Attorneys (AUSAs) present. FBI agents cannot independently bind federal prosecutors…
If you lie in a federal proffer, you are breaching the proffer agreement. This is true if you fail to meet your requirements for truthfulness or completeness. If you breach the agreement in this…
What is a proffer agreement? A proffer agreement is a contract between a suspect and the government. The suspect agrees to voluntarily disclose information to the federal prosecutors. In exchange, the government agrees not…
Unlike a proffer agreement, which is a contract with a specific United States Attorney’s Office, statutory immunity is a provision of federal law (18 U.S.C. § 6002) that is imposed on witnesses by a…