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Federal Criminal Law Update: Should I Proffer Evidence to Federal Prosecutors in a NJ Federal Criminal Case?

Posted by Leslie Posnock on March 30, 2015  |   No Comments »

Many of our clients who are investigated for or charged with a federal criminal offense want to know whether they should attend a proffer session in a federal criminal case. In particular, they want to know whether, by providing the United States Attorney’s Office with information about criminal activity, they can avoid being criminally charged, reduce the severity of any charges, or face a lesser sentence if charged with a NJ federal criminal offense. Additionally, our clients ask whether they are protected from future prosecution based on information they provide in the proffer session.

Whether you attend a proffer session in a federal criminal case is a decision which should be made by you and your criminal defense attorney after careful consideration of the potential risks and rewards of giving a proffer.

If by proffering you convince the government that you either have not committed an offense or that the proof is insufficient to convict you, a proffer session may have been the wisest choice to be made in the case. On the other hand, the risks of proffering are real. A proffer agreement provides very little protection for you. We would be happy to discuss all of the risks and rewards of participating in a proffer session should you unfortunately find yourself uder federal criminal investigation.

For more detailed information on whether a proffer agreement is right for you, click below to see our articles entitled:

Proffer Letter Example  

A Primer On Whether to Proffer in a Federal Criminal Case

The experienced federal criminal defense lawyers of Schwartz & Posnock appear in all Federal Courts of New Jersey, as well as the State and Municipal criminal courts in New Jersey, and have convenient locations in Monmouth County (Eatontown), Essex County (Livingston), Union County (Linden), and Middlesex County (East Brunswick). Call us at 732-544-1460 or email us at to schedule an appointment. We look forward to obtaining a positive outcome of your case.

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