What is a Proffer in Federal Court and how can it help you minimize Federal criminal charges?
If you have been charged with a federal crime, it’s an extremely serious matter and you should retain an experienced federal criminal defense attorney as soon as possible. What happens if you are being charged with a federal crime or investigated for a federal crime and there’s an opportunity to receive reduced charges, a reduced sentence or even have the charges dropped?
Sometimes you have a minor role in a crime, and charges may be dropped or reduced. Sometimes the evidence against you is overwhelming and there’s an opportunity to make a deal with prosecutors that could reduce your sentence. The deal is predicated on important information that authorities are seeking. In this case you may engage in a proffer in federal court. In most cases you sit down with the local US Attorney, your attorney and the investigating agents. The prosecutor and the investigators will ask questions and you may consult your attorney privately during the process. In exchange for information you may get something in return, such as a favorable plea bargain, reduced charges or charges dismissed.
A proffer is an extremely pivotal moment in a criminal case. It’s common in white collar or federal criminal cases. It is not a guarantee of immunity or favorable treatment because certain conditions must be met. In addition, prosecutors can use evidence against you later if your statements are conflicting, if other evidence exists, or if you have lied, in which case prosecutors can bring additional charges against you for making false statements. It’s extremely important that you rely on the counsel of an attorney who is experienced in defending cases in federal court to help you make the right moves if an offer like this is on the table.
An example of a proffer in recent news is in the case of Joran van Der Sloot, who confessed to the killing of Natalee Holloway in Aruba in 2005 in exchange for a plea agreement on charges of extortion and wire fraud. Aruba has a 12 year statute of limitations for homicide, so the US may not be able to prosecute van Der Sloot for the killing as it has no jurisdiction over the criminal investigation there. The plea agreement allows van der Sloot to serve a 20 year prison sentence for extortion and wire fraud concurrently with the 28 year sentence he is currently serving in Peruvian jail for the 2010 murder of Stephany Flores. He was also convicted of trafficking cocaine into his prison in 2021 and sentenced to an additional 18 years, but Peruvian law bars prison sentences from exceeding 35 years. Authorities likely secured a confession from van Der Sloot to bring closure to Holloway’s family. It’s important to note that proffer agreements usually don’t apply to violent crimes or people with a history of violent crimes. The circumstances surrounding van Der Sloot’s case were unique.
If you are being investigated for a federal crime or if prosecutors have brought federal charges against you, the next moves you make are critical. An experienced federal criminal defense attorney can help you navigate the process to cooperate with authorities if necessary and follow the correct procedures that may minimize federal charges against you. At Dhar Law, LLP, we are expert white collar criminal defense attorneys who have defended countless cases in federal courts. We ensure you are in good hands throughout the delicate process of negotiating with federal prosecutors and deciding on whether a proffer in federal court is right for you. Please contact us as soon as possible to get in touch with a member of our expert federal criminal defense team.
