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How to Prepare for a Proffer

March 21, 2024 Uncategorized

Preparing for a Proffer: Best Practices to Follow

Being the subject of a criminal investigation can be one of the most daunting experiences in life. However, at some point during this process, you and your lawyer may decide that arranging a discussion with the prosecutor is necessary. This meeting is known as a “proffer,” and it involves divulging everything you know about the crime under investigation to prepare for plea bargaining or dropping charges against you. In this article, we will provide best practices on how to prepare for such an important meeting from someone who has been in your shoes before.

Trust Your Attorney

Your attorney’s primary role is to protect you throughout this process. While it may be embarrassing to reveal certain details about your involvement in the case being investigated and other persons involved, there is no need to feel ashamed because your lawyer has likely heard similar stories before. If there are any uncertainties regarding whether specific information should be included in the proffer or not, let your attorney know so they can help make that decision.

It would also help if you handed over all relevant documents like emails and text messages related to the matter or people involved so that they could use their professional judgment when deciding what’s relevant or not. Being dishonest with them might hinder them from helping achieve optimal results for your case.

Display Humility and Sincerity Throughout The Investigation

Accepting responsibility for mistakes made during investigations shows humility which helps communicate effectively with lawyers while making an effective proffer presentation since prosecutors will see that you’re taking full responsibility without trying to minimize any criminal activity committed.

During these times, having emotional support from someone other than your attorney would go a long way towards managing stress levels better. It’s essential always to keep close trusted individuals around who won’t share confidential information outside marital privacy laws (if married) but still offer emotional support through difficult times like these.

Engage in Unrelated Activities to Keep Your Mind Off the Case

Criminal cases can take a long time to resolve, so it’s essential to find activities that will help you take your mind off upcoming meetings and unknown futures. Engaging in social activities, watching enjoyable films, learning about used machinery and production lines or taking up new hobbies like painting or meditation are great ways of keeping busy.

Taking care of physical health during this period is also crucial. Although it may be hard not to turn to alcohol or comfort foods during such a stressful time, eating healthy food, exercising regularly and getting enough sleep will help keep you in the best mental and physical state for when it’s time for the proffer meeting with prosecutors.

Voice Your Opinions While Respecting Your Lawyer’s Expertise

While your lawyer is an expert on legal matters related to your case, remember that you’re part of their team working towards achieving optimal results at the end of everything. Make sure they hear all relevant information from you since you lived through these events as they unfolded; don’t hesitate if there are any misperceptions regarding who did what or timing issues involved.

Your attorney should share honest assessments about how likely government officials perceive your case while advising on options available based on facts presented before them without blaming anyone else but rather focusing solely on helping achieve desired outcomes together as one team!

Think Carefully About Questions Asked Before Giving Answers

On the day of the proffer meeting with investigators/prosecutors present asking specific questions regarding concerns/inquiries related directly/indirectly connected with criminal activity under investigation – make sure answers given are truthful yet concise without giving away additional details beyond those requested by authorities investigating matter at hand.

If unsure what question means exactly seek clarification first before answering anything asked; never forget that investigators/prosecutors aren’t necessarily “on your side” even if they appear friendly or amicable during questioning.

Be Ready to Give Answers to Additional Questions

Expect more questions than what was asked and answered in the written proffer. Your responses can be critical, so your attorney will attempt to predict additional questions prosecutors might ask before the session starts. Answer each question as it is asked without being argumentative or defensive; instead, correct any factual inaccuracies calmly and respectfully.

Allot plenty of time for this proffer meeting since it could take longer than expected. Clearing an entire day would be best if possible because prosecutors aren’t obligated to offer you this opportunity but are unlikely impressed by attempts at ending sessions early due to childcare concerns or other appointments scheduled that day.

In conclusion, suppose you become a target of federal investigation considering cooperating with government officials. In that case, it’s best always to enlist experienced defense counsel who understands proffer process effectively advising whether entering into agreements with authorities investigating matter under scrutiny is valid option available based on facts presented before them!

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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