A Guide to Understanding the Proffer Agreement
Understanding agreements and dealing with legal documents, in general, can be a bit frightening. Gathering all the necessary info and knowing what to include or what the sections and terms in the agreement mean is a difficult task. The good news is that DoNotPay can assist you and shed light on numerous legal topics—from the residential lease agreement to the non-disclosure contract!
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What Is the Proffer Agreement?
The proffer agreement is signed between a defendant and a prosecutor. It serves as a way for the defendant to share incriminating information with the prosecutor without the risk of that info being used against him or her. A defendant can elaborate on the details of the crime he or she committed, and the prosecutor has to refrain from mentioning this in any of the future proceedings.
This agreement does limit the prosecutors and government’s ability to use the info against the defendant, but there are certain exclusions to this rule. The defendant can be persecuted if they share incriminating details of committing:
- Perjury
- Obstruction of justice
- A false statement
The proffer agreement is legally binding, and neither party is allowed to breach it.
Useful Info Regarding the Proffer Agreement
Before you enter the proffer agreement, you need to seek advice from a counselor on what you should share. You have to fully understand what will happen after you share the information or whether you can refuse to disclose any details and withhold information.
Discuss what you want to achieve with the proffer agreement and what you expect to gain from it. An experienced counsel will assist you in this and explain all the options and possible outcomes.
What Is the Reverse Proffer Agreement?
The reverse proffer agreement can be used to convince a suspect to confess to their crimes or plead guilty. It is often used when someone is the target of or a potential suspect in an active investigation.
The government does most of the talking during the reverse proffer. The suspect will go in with their attorney and be presented with evidence and details of the case that the prosecutor developed. They will explain the charges they would seek if the case goes to trial and try to convince the suspect to plead guilty. The point of the reverse proffer is for the prosecutor to try and cut a deal with the defendant in return for the information on the case.
Benefits and Drawbacks of the Proffer Agreement
Like any other legal document, the proffer agreement also has its pros and cons. The table below will provide you with some of the most common ones:
| Advantages | Disadvantages |
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You can check out the list below and see if any of them are what you were looking for:
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- General Affidavit
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