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What is a proffer agreement
Last Updated on: 14th March 2025, 01:35 am
WHAT IS A PROFFER AGREEMENT
UNDERSTANDING THE BASICS
A proffer agreement is a tool that was created to help prosecutors and individuals under investigation exchange information. If you are caught up in a criminal investigation, then you might hear the prosecutor mention a “proffer session.” What does that mean? It means you can share what you know about a crime, in return for certain promises that might protect you from further charges. This protection, however, is not absolute. Information that was shared in a proffer session can still be used against you if you lie. That can lead to serious trouble, including additional criminal charges for lying to federal authorities.
The big consequence: Information that was provided in bad faith can come back to haunt you. Once prosecutors realize you weren’t honest, they can toss aside any promises and charge you with additional offenses like perjury or obstruction.
Reference: You can read more details about how federal prosecutions work on the Department of Justice website.
WHY WOULD YOU SIGN A PROFFER AGREEMENT
A proffer agreement is something that was designed for people who want a chance to reduce potential penalties. If you have knowledge of bigger crimes or bigger criminals, you might get a shorter sentence if you agree to tell federal prosecutors what you know. That can help you protect yourself, but it can also weaken your bargaining power if you reveal too much without careful planning.
The direct outcome: Anything that was revealed under a proffer can shape the prosecutor’s next steps. You might face fewer charges, or you might get indicted anyway. That depends on how helpful and truthful you’ve been. We, at Spodek Law Group, understand how risky this is, which is why we recommend never walking into a proffer session without an experienced federal defense lawyer on your side.
WHAT A TYPICAL PROFFER SESSION LOOKS LIKE
When you take part in a proffer session, you usually meet with prosecutors and possibly law enforcement agents. Your criminal defense attorney, who is advocating for your best interests, should be present to guide you. So, how does it work? Usually, you answer their questions and provide facts that you’ve promised to share. In return, the government offers limited immunity or an agreement that says they won’t use your words against you—unless you lie or leave out important details.
The immediate risk: Answers that were given recklessly can expose new criminal issues. For example, if you mention your role in a separate federal offense, you could end up with a new problem that prosecutors decide to pursue. It’s why preparation is everything. Here at Spodek Law Group, we do a deep dive into your situation before any proffer session begins. We identify potential traps, and we coach you on what to expect.
SUPPORTING LEGAL AUTHORITIES
Federal proffer agreements often reference Title 18 of the U.S. Code, which deals with many types of federal crimes. Penalties that were outlined by the Federal Sentencing Guidelines (see the U.S. Courts website) can be extensive and can include prison terms of many years, plus hefty fines. If you misunderstand your deal, or if you fail to comply with it, the government might still proceed with severe charges. This can lead to longer prison sentences, bigger fines, and potential career-ending convictions.
THE SPODEK LAW GROUP APPROACH
We are Spodek Law Group, a nationwide federal defense law firm that was established by Todd Spodek. We understand the stakes. A proffer session can be a powerful tactic, if you do it correctly. What does “correctly” mean? It means revealing enough useful information that the prosecutor sees value in reducing your sentence—while also protecting yourself from making admissions that lead to new charges. Our attorneys have over 50 years of combined experience, which means we know how to negotiate these delicate meetings.
The core takeaway: Knowledge that was offered too hastily can cost you big time. Before we sit down for a proffer, we run thorough scenario tests to see where your vulnerabilities lie. Then, we come up with a game plan that factors in your priorities. Do you want a plea bargain? Do you want to minimize your role? We focus on the path that gives you the best possible outcome.
POTENTIAL CRIMES AND PUNISHMENTS
A proffer agreement most often appears in cases dealing with fraud, drug trafficking, money laundering, or similar federal offenses. People who were involved in bigger conspiracies might share intel on ringleaders, in exchange for leniency. For example, if you were running errands for a large-scale fraud scheme, you might hold important evidence that leads to the arrest of top-level suspects. In return for your help, prosecutors might drop some of your charges.
The unfortunate truth: Those who were dishonest during proffer sessions can face additional charges like perjury or obstruction. That can add years to your sentence and can destroy your credibility with the court. Even worse, any chance to cooperate might vanish, leaving you fully exposed to maximum penalties. That is why we treat these agreements with caution. The conversation must be planned, practiced, and precise.
HOW SPODEK LAW GROUP WOULD DEFEND YOU
Our defense strategy is simple to describe yet nuanced to execute. First, we analyze the government’s evidence that was collected against you. We look for weaknesses or areas where evidence may be challenged. Evidence that was illegally obtained may be thrown out, which could weaken the prosecution’s leverage. That can force them to reconsider the severity of the charges or encourage them to dismiss the case altogether.
Next step: We prepare you for every question that might come your way. Our legal team runs mock interviews, teaching you how to answer clearly, so you don’t accidentally invite more suspicion. We also ensure that any agreement from the government is in writing, and that it sets proper limits on how they use your statements.
Final action: We position you for possible sentencing reductions, or even complete immunity. If you have valuable information about criminal conduct, the prosecution might offer a reduced sentence. That can keep you out of prison, or at least shorten your stay behind bars. But you only get that break if you handle it correctly. At Spodek Law Group, we are always direct about your chances, because we want you to make decisions with both eyes open.
SHORT FAQ TABLE
| Question | Brief Answer |
|---|---|
| Am I fully protected? | No. A proffer agreement can’t stop prosecution if you lie or omit major facts. |
| What happens if I lie? | Prosecutors can charge you with perjury and throw out any promises they made. |
| Can they still use my words? | Yes, if you violate the agreement. Otherwise, your statements are somewhat protected. |
| Do I need a lawyer? | Absolutely. Going into a proffer session alone is risky and can lead to damaging admissions. |
HOW TO DECIDE IF A PROFFER AGREEMENT IS RIGHT FOR YOU
If you’re asking yourself that question, it’s time to consult a criminal defense lawyer. You need to understand the extent of your liability, and whether your information is valuable enough to secure a favorable deal. Conversations that were handled poorly can turn you into the prosecution’s primary target, which means you risk indictments that carry major prison time.
The real outcome: Either you come out with a benefit, or you walk into a bigger problem. That’s why Spodek Law Group takes these negotiations seriously. We dig into every fact, we challenge every piece of evidence, and we look for angles that keep you safe. We also consider how your testimony might affect others, because we know personal ties can complicate your willingness to cooperate.
WHY WE’RE BRUTALLY HONEST
Our job is to protect your future. That means we don’t sugarcoat anything. We will call you out if we see you hiding facts. The reason is simple: A hidden fact can blow up in your face when the prosecutor discovers it later. That can lead to an even worse deal, or no deal at all. Trust that was broken between you and the government is rarely repaired. We will push you to share the truth about your involvement, so we can craft a strategy that stands up under scrutiny.
READY TO TALK ABOUT A PROFFER AGREEMENT
At Spodek Law Group, we have decades of experience handling federal investigations, and we have offices nationwide. If you or a loved one faces a serious criminal charge, or if you believe you have key information that might reduce your own charges, reach out to us. We are available 24/7 to discuss your options, explain potential outcomes, and protect your rights.
Disclaimer: Nothing in this article, or on this website, is intended to provide legal advice. Situations that were described here may not match your unique circumstances, and you should consult an attorney licensed in your jurisdiction. Viewing or using this information does not create an attorney-client relationship with Spodek Law Group or any other attorneys. For details, please refer to the policies outlined on our website.
We look forward to helping you, because your future is worth fighting for.