What is an attorney proffer?
An attorney proffer is where counsel meets with the government without the client present and outlines hypothetically what the client is expected to state during a client proffer (see Attorney Proffers).
What is a factual proffer?
A proffer is an offer made prior to any formal negotiations. A party with the burden of proof must proffer sufficient evidence to carry that burden. For example, in support of a particular argument, a party may proffer documentary evidence or witnesses.
What is a witness proffer?
For the government, a proffer is an opportunity to size-up a potential witness or defendant, to assess his or her credibility, and to learn what that person knows. So whether to provide a proffer is often subject to much debate between counsel and client.
What is a reverse proffer?
A reverse proffer is the opportunity for defense counsel to meet with the prosecutor and agents to hear some of the alleged evidence they have against the client. Cooperate in this setting means plead guilty and provide evidence against coconspirators in the scheme.
What is a kastigar letter?
Similarly, many proffer/Kastigar letters are explicit that any statements or other information provided either by the client or counsel may be used to cross-examine the client in the event of trial where the client offers testimony material different from the statement or information provided.
What does the word proffer mean in legal terms?
offer
Definition. To offer or present for immediate acceptance or rejection, usually evidence at trial. evidence. courts and procedure.
What is a written proffer?
A proffer agreement is a written contract between a federal prosecutor and defendant, or a person under a criminal investigation, where they will make an agreement to give the prosecutor useful information. Their statements won’t be used against them later in a criminal proceeding.
What is a Kastigar motion?
United States, 406 U.S. 441 (1972), was a United States Supreme Court decision that ruled on the issue of whether the government’s grant of immunity from prosecution can compel a witness to testify over an assertion of the Fifth Amendment privilege against self-incrimination.
Can a proffer be used against you?
What does proffer mean?
Definition of proffer (Entry 1 of 2) transitive verb. : to present for acceptance : tender, offer.
What is the definition proffer?
What did kastigar do?
What is the Kastigar waiver associated with Proffer letters?
The Kastigar waiver associated with proffer letters allows the government to both pursue and use these leads without having to later attend a hearing where it would have to justify the use and results of the defendant’s proffer information.
What is a proffer letter in federal court?
Joshua Sabert Lowther. You are referring to a “Kastigar” letter, more formally known as a “proffer” letter, which describes the specific terms of a cooperation agreement between the Government and an informant. “Kastigar” refers to the US Supreme Court case of Kastigar v. United States, which holds, generally, that the Government may not use an…
What does derivative use mean in a proffer agreement?
Derivative Use. The government may make derivative use of information during the proffer, as established by Kastigar v. United States (1972). This basically means that the government may pursue any investigative leads suggested by, any statements or other information provided by a defendant from the proffer.
Is the proffer letter a one sided document?
Proffer letter agreements have become one-sided documents which one often is almost inevitably forced to accept as a necessary prerequisite to engaging in plea discussions with the government.