Your statements from an interview with the government can be damaging if you anticipate the prosecutor`s case. Your statements will not be in the form of an audio recording, but in the form of notes from the officer who interviewed you. This means that, in certain circumstances, the prosecutor can put words in your mouth if you go to court after a deal. If you go to court after entering into an offer agreement that does not result in a Plea agreement, some of your options are limited. You probably shouldn`t show up at the stand, as the prosecutor can use the information you provided during the previous day to show that you`re not a trusted witness if your testimony goes against what you`ve already told them. If you insult government officials, if they interview you, they can charge you with perjury, in which case they can use your statements against you in court. In this situation, you need to remember that if you make false statements, you can leave the agreement with more fees than you were before the agreement. In rare cases, the prosecutor agrees to note in writing that the government is considering a possible plea agreement if the government believes that proffering it is true. The terms of advocacy are not discussed in writing at all when this happens and the discretion to determine the truth is still entirely in the hands of the government, but such a provision may offer an additional guarantee against the possibility of an arbitrary refusal to negotiate a Plea agreement. Although the prosecutor almost always refuses to say it in writing, my practice is to start each session of proffer with an oral statement to the same effect and I have never challenged a prosecutor.

If you`re facing federal fees, it`s likely you`ll hear the terms “proffer letter,” “proffer agreement,” or “queen for a one-day deal.” These terms mean the same thing: a written agreement between you and a federal prosecutor, under which you provide the government with information about the alleged crime, and the prosecutor agrees not to use that information against you in court in certain circumstances.