How Does a Proffer Differ from Immunity?
Before participating in a proffer session, it’s important to understand how it compares to other legal protections like immunity or a plea bargain.
What is Immunity?
Legal immunity occurs when an individual cannot be held criminally liable for a violation of the law in exchange for their testimony.
This is different from a proffer agreement because:
- Full immunity protects a person from prosecution altogether.
- Transactional immunity prevents prosecution for specific crimes related to the testimony given.
- Use immunity, which is most similar to a proffer, only prevents the government from using direct statements, not the evidence found as a result.
A proffer is not immunity, meaning there’s still risk involved.
Related Article: Top 5 Signs that a Criminal Case is Weak
Is a Plea Bargain a Better Option?
A plea bargain is another alternative that defendants may consider instead of—or after—a proffer agreement.
Rather than risking new charges through a proffer session, a defendant may negotiate directly with prosecutors for a plea deal.
This typically involves:
- Pleading guilty to reduced or fewer charges.
- Receiving a lighter sentence in exchange for avoiding trial.
- Eliminating the uncertainty of a jury verdict.
If a plea bargain is available, it may be a safer option than a proffer session—but consulting a defense attorney is essential to determine the best path forward.
Related Article: How to Get Your Criminal Case Dismissed?
FAQs
Can anything said in a "Queen for a Day" agreement be used in court?
Generally, statements made under this agreement cannot be used directly in court, but derivative evidence obtained from those statements can be.
Is a "Queen for a Day" agreement legally binding?
Yes, it is a legally binding agreement between the defendant and the prosecution, outlining specific terms and conditions.
Can a defendant withdraw from a "Queen for a Day" agreement?
Once the agreement is signed and statements are made, the defendant cannot simply withdraw, and the terms will still apply.
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