What is a Proffer and Why is it Important?

One frequently-used way of getting a reduced sentence in a federal case is for the defendant to provide substantial assistance to the Assistant United States Attorney and to other law enforcement agents.  Such assistance often consists of providing incriminating information about other defendants in the same case or about other crimes that the defendant has knowledge of.  Defendants (and their lawyers) tend to find such arrangements nerve-racking because of the possibility that the information provided to the agents may later be used by the prosecutor to the detriment of the defendant.

It is partly because of that concern that proffer agreements exist.  These written agreements typically provide that the statements made by a defendant during his meeting with law enforcement agents may not be used against him at his trial unless he says something to the jury that differs from what he told the agents during the proffer.

An article that appears on my West Palm Beach Criminal Lawyer Blog looks at one federal case that appears to reduce the protection proffer agreements are typically thought to provide.