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The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



What is a Proffer Agreement?

A proffer agreement is a legal document that outlines the terms and conditions of a plea bargain between a prosecutor and a defendant in a criminal case. These agreements are often used in cases where the defendant has been charged with a crime and is willing to provide information or testimony in exchange for leniency in their sentence.

Proffer agreements are common in federal criminal cases, as they allow the prosecutor to obtain valuable information from the defendant without risking a full trial and the potential for acquittal. In these cases, the defendant typically agrees to provide truthful and complete information about the crime in question, as well as any other relevant information that may be of use to the prosecution. In return, the prosecutor may offer a reduced sentence, dismissal of certain charges, or other concessions.

One of the key aspects of a proffer agreement is that the information provided by the defendant cannot be used against them in court, unless they are found to have lied or provided false information. This is known as the “proffer privilege,” and it ensures that the defendant can speak freely and honestly without fear of self-incrimination.

While proffer agreements can be beneficial for both parties, there are some potential drawbacks to consider. For example, the defendant may not receive the full benefits of the agreement if the prosecutor is not satisfied with the information provided. Additionally, the agreement may not protect the defendant from other potential charges that may arise from the information they provide.

Despite these potential drawbacks, proffer agreements remain a common tool in the prosecution of criminal cases. They allow for the exchange of valuable information, and can result in a more efficient and effective resolution of the case.

Overall, proffer agreements can be a useful tool for both prosecutors and defendants in the criminal justice system. They provide a way for the defendant to receive leniency in their sentence in exchange for valuable information, while also allowing the prosecutor to obtain important information without risking a full trial.

Benefits of Proffer Agreements

Proffer agreements, also known as Queen for a Day agreements, are an important tool in criminal cases. These agreements allow defendants to provide information to the prosecution without fear of that information being used against them in court.

One of the main benefits of proffer agreements is that they allow defendants to negotiate a plea bargain with the prosecution. By providing valuable information, defendants can often reduce their potential sentence or even avoid charges altogether. This can be especially beneficial for individuals facing significant jail time or significant fines.

Proffer agreements also provide protections for the defendant. Any information provided under a proffer agreement cannot be used against the defendant in court. This means that even if the information provided is incriminating, it cannot be used as evidence against the defendant. This allows defendants to speak freely and honestly without fear of self-incrimination.

Another benefit of proffer agreements is that they can help the prosecution build a stronger case against other individuals. By providing information, defendants can help the prosecution gather evidence and build a stronger case against other individuals involved in the crime. This can be especially beneficial in cases involving organized crime or complex financial crimes.

Proffer agreements can also help to resolve cases more quickly. By providing information and negotiating a plea bargain, defendants can avoid the time and expense of a trial. This can save both the prosecution and the defense significant time and resources.

In conclusion, proffer agreements provide a number of benefits for both defendants and the prosecution. By allowing defendants to negotiate a plea bargain and providing protections against self-incrimination, proffer agreements can help resolve cases more quickly and efficiently. Additionally, the information provided under a proffer agreement can help the prosecution build a stronger case against other individuals involved in the crime.

Citations:

A proffer is an agreement between an individual and the government, which allows the individual to provide useful information to the federal prosecutors in exchange for clemency. As a result, the person is likely assured of lenient charges, non-prosecution, or immunity.

The proffer agreement is also called the proffer letter or “Queen for a Day”. Under the terms of the agreement, the prosecution cannot use the statement given by a person against them in a court of law. Such statements are often mutually beneficial for the individual and the prosecution. The person giving the statement gets some kind of clemency, whereas the prosecution team acquires useful information that helps it in the case.

It’s important to understand that the proffer agreement does not mean that the individual cannot be prosecuted at a later stage. The proffer agreement also becomes void if the person offers inconsistent information at a future proceeding that doesn’t corroborate with the statement in the proffer interview. The government can use the information to discover additional evidence, charge other individuals, and share the information with various government agencies.

Proffer agreements are widely used in White-Collar crimes because it’s sometimes difficult to extract evidence. If you’re involved in a proffer agreement, you should always consult a reputable attorney. The attorney will carefully evaluate the terms of the agreement and negotiate on your behalf.

The Proffer Interview

A proffer agreement is signed by the two parties in an informal setting. The federal prosecutors schedule a meeting with the individual and their attorney. During the interview, there is no stenographer present to record the statement. In the most likely scenario, the federal prosecutor will take notes, which will be used in the court proceedings.

Your attorney will also take relevant notes, which will serve as a record of your statement. While there is no formal record of the interview, the defendant must use their words wisely because everything they say can be used in court.

Sometimes, the attorney will meet the prosecutor before a proffer interview can be scheduled. The meeting includes particulars of the defendant’s statement, which is used by both parties to agree to specific terms. The attorney uses this opportunity to ensure that prosecutors are willing to work out a solution, which can benefit the defendant.

The Proffer Letter

The proffer letter is the agreement that outlines how the statement is used in the court and what it promises in return. Therefore, you and your attorney must carefully go over each clause of the agreement. The terms of the proffer letter are similar in many cases, and such templates can be found online.

Signing a proffer letter without an attorney can have a disastrous impact because it’s easy for the prosecutors to include legal terms, which are difficult for the defendant to interrupt. Under the circumstance, the role of the attorney is enhanced because your statement can be used against you if it contradicts your testimony in front of the judge.

Under certain circumstances, the terms of the proffer letter are also negotiable. Your attorney can help you negotiate a more favorable deal.

The Deal

Most people think that a proffer letter is a plea bargain. The truth is a bit harsh because the prosecution will also try to judge you before signing anything. During the proffer meeting, they will carefully evaluate what you can offer. If the prosecution thinks that you’re unwilling to disclose critical information, they may not do any follow-up.

It’s also a well-known fact that federal prosecutors try to intimidate defendants to confess making them think that they will end up in federal prison. Therefore, it’s quite common for the defendant to provide written answers instead of the proffer interview. In this case, the written answer allows the defendant to offer a more thoughtful analysis instead of blurting out information that can harm their cause.

While the proffer agreement is supposed to protect you, things can often go wrong. For instance, your cooperation can put you in physical danger. You can also lose your professional license because you’re confessing your mistakes by revealing important information. A proffer may not protect you if the information leads to more serious allegations related to the case.


Charle Butler
Charle Butler
2021-03-12
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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