If you have information the government wants or might be interested in having, and you have potential criminal liability, you may be interested in talking to the government while under the protections of a proffer agreement. A proffer agreement is an agreement that controls what happens when you “proffer” or give information to the government. A proffer agreement can ensure that you have certain protections from criminal liability for the statements you make as part of the agreement.
Usually, if you give incriminating information involving yourself to the government, your statements can be used against you. Technically, this is a confession, and confessions are hearsay that is allowed into evidence as a statement against one’s own interest. Generally, it is a good idea to exercise your rights under the 5th Amendment of the United States Constitution and to remain silent and not give a confession.
But sometimes, you may want to give incriminating information to the government because you think giving the information to the government could lead to a better outcome for your own case. Giving the information to the government may end up showing that other people were involved or may just be a way to show the government that you are no longer engaging in the criminal conduct. A proffer agreement can be used to give this incriminating information without fear of your statements being used against you.
In South Carolina, you may see proffer agreements used in the context of Federal investigations and prosecutions and investigations and prosecutions from the South Carolina Attorney General’s office, such as South Carolina State Grand Jury cases. These are often more complex investigations with multiple defendants. A proffer agreement can be a good way to protect your interests in these cases.
Proffer agreements in South Carolina are not cooperation agreements or plea agreements. But they do usually have some strict rules. You have to tell the truth. You may have to take a polygraph. And if you break the terms of the proffer agreement, then the government can use your statements against you. The important thing on a proffer agreement is to take them seriously and to talk carefully with your lawyer about them and make sure you understand them and are willing to abide by the agreement.
If you have been charged with a crime, or if you have been sent a target letter, you will want to find an attorney who can evaluate whether or not your should considering entering into a proffer agreement with the government. Your attorney may be able to better consider this based on their experience with proffer letters and wether or not they are a good fit for your case. In some cases, a proffer letter may not be a good or even possible option for a case.
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