If the evidence is air-tight and likely can’t be challenged, doing a proffer session is a good showing of the defendant’s acceptance of responsibility. Or perhaps there is a human-interest angle to why the defendant did what he did. Sometimes, the prosecution may have a very strong case. For example, if a defendant is a member in a corporation with knowledge of the inner workings of the business, he may be a valuable witness to the prosecution. The prosecutor may also want the defendant to co-operate with their investigation. A defendant may not be as responsible as his co-defendants or others, and the meeting provides him the opportunity to explain this. Or, if the defendant has limited culpability, the session can also bring this to light. The meeting may be the best way to clear up an incident and explain the defendant has no culpability. It can often lead to a defendant accepting culpability or assisting the prosecution in a larger investigation.Ī proffer session may convince the prosecutor not to bring criminal charges. This typically takes place when the prosecutor wants to convince the defense of the strength of the case. Reverse Proffer: A reverse proffer involves the prosecutor describing the evidence against the defendant. They may discuss the case in a hypothetical sense. The defense attorneys will share with the prosecution the defendant’s version of events. Often times, this is done in advance of a proffer meeting with the defendant. For example, the prosecution can use the meeting to convince a witness to cooperate in their investigation.Īttorney Proffer: In an attorney proffer, only attorneys will meet and the defendant will not be there. In some cases, and often in white collar crime investigation, this type of meeting can be with a witness rather than the target of the investigation. Then, there will likely be follow-up questions by the prosecutor and investigator. During the session, the defendant will give an account of certain events or criminal activity. What kind of benefit? This usually includes reduced charges, a more favorable sentence, or in some cases a dismissal of all charges. In the criminal legal world, a proffer is a meeting where the prosecution and defense discuss the facts of the case.ĭefendant Proffer: When the defendant is present, he will offer information to the prosecutor in exchange for a benefit. Generally speaking, a proffer is an offer of proof or evidence in support of an argument. During this session, the defendant can explain his involvement in the crime.īut why would a defendant do this? Simply put, a proffer may be a good negotiation tool to get a case resolved. It refers to a meeting between the defendant, his attorneys, and the prosecution. In the criminal legal world, the word proffer takes on a special meaning.
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