What Is Proffer Agreement in Court?

A proffer agreement (not "pro offer") is a legal agreement made between an individual under criminal investigation and a prosecutor. It is reached in a proffer session attended by the individual, his attorney, the prosecutor and a case agent.

The Basics

Such agreements are used in federal criminal cases. They permit individuals under scrutiny to offer evidence against other criminals as a bargaining chip in their own possible criminal case.

Significance

A proffer agreement is a preface to a plea bargain or written immunity agreement.

Warning

Understand that a proffer agreement is not an absolute immunity agreement. If further investigation leads to new information, this can be used to indict and convict the individual involved in the proffer session.

Benefits

Prosecutors benefit from a proffer agreement as much as a suspect can benefit. Through the session, prosecutors are able to gain new leads in the criminal investigation and further insight into the person involved in the proffer.

Risks

If an immunity agreement or plea bargain is not reached as the result of a proffer session, the person involved may be indicted. If this happens, the chances of presenting a believable defense are impaired.

References

• FindLaw: White Collar Crime
• USLegal: Proffer Agreement Law