Q: The prosecutor offered me a “proffer” or “queen for a day.” Should I take it?
A: A proffer session, sometimes called a “queen for a day” agreement, is a meeting where you provide information to federal prosecutors and agents about your own conduct and the conduct of others, typically in exchange for limited protections against the use of your statements. Whether to participate is one of the most important decisions in a federal case.
How It Works
Under a proffer agreement, you agree to tell the truth about everything you know. In exchange, the government agrees not to use your statements directly against you in its case-in-chief. However, the government can use your statements for other purposes, including impeaching you if you testify inconsistently at trial, investigating other leads you provide, and pursuing charges against others.
The Risks
Proffer sessions are not without risk. If you lie during the proffer, you lose all protections and may face additional charges for false statements. The government learns everything you know, which can be used indirectly. If cooperation does not lead to a plea agreement, you may be worse off than before.
The Potential Benefits
Successful cooperation can lead to a 5K1.1 motion from the government, which allows the judge to sentence you below the mandatory minimum. In some cases, cooperation can reduce a sentence by years or even decades. In rare cases, it can prevent charges entirely.
Should You Proffer?
This decision should only be made with experienced federal defense counsel who can evaluate the strength of the government’s case, the value of your potential cooperation, and the risks involved. Never attend a proffer session without your attorney present.
Related Practice Areas
Federal Criminal Defense | The Chetson Firm
This post is for informational purposes only and does not constitute legal advice. Contact The Chetson Firm at (919) 352-9411.