Criminal Defense Lawyers

Proffer Agreement

So, what do you do, if you get hit with one of these things? A proffer agreement, it’s a mouthful, right? But, take a deep breath, we’re going to break it all down for you.Imagine this, you’re under investigation, maybe for something white-collar, like fraud or money laundering. The feds come knocking, and they want to talk, but they also want you to spill the beans, on everything. That’s where the proffer agreement comes in.It’s simple, every single client deserves honesty and white glove service. And that’s exactly what we’re going to give you, the full rundown on proffer agreements, no legalese, just the facts.

What is a Proffer Agreement?

A proffer agreement, also known as a “queen for a day” agreement, is a contract between you and the prosecutors. Essentially, you agree to come clean about your involvement in a crime, and any other relevant information you might have.In exchange, the prosecutors promise not to use your statements against you, at least directly. It’s a way for them to gather intel, and for you to potentially get a lighter sentence, or even avoid charges altogether.But, and this is a big but, there are some major catches. We’ll get into those later, but for now, just know that a proffer agreement is not a get-out-of-jail-free card.

The Pros and Cons of Proffer Agreements

Like any legal maneuver, proffer agreements have their pros and cons. Let’s break them down:Pros:

• Opportunity for leniency or avoiding charges
• Chance to come clean and cooperate with authorities
• Potential for a more favorable plea deal or sentencing recommendation

Cons:

• Statements can still be used against you in certain circumstances
• You may waive attorney-client privilege and other legal protections
• Prosecutors can use your statements to gather more evidence against you

So, as you can see, it’s a double-edged sword. On one hand, you might get a break, but on the other, you could be digging your own grave.

The Fine Print: What You Need to Know

Now, let’s get into the nitty-gritty of proffer agreements. These things are loaded with fine print, and if you’re not careful, you could be signing away more than you bargained for.First and foremost, proffer agreements are not a guarantee of immunity or a plea deal. They’re simply an agreement to talk, nothing more, nothing less.Secondly, and this is a biggie, your statements can still be used against you in certain situations. For example, if you lie or omit information during the proffer, the prosecutors can use your statements to charge you with making false statements or obstruction of justice.Additionally, your statements can be used to impeach you, or contradict your testimony, if you decide to take the stand at trial. So, even if you’re not directly incriminated, your words can still come back to haunt you.But wait, there’s more! By signing a proffer agreement, you may also be waiving your attorney-client privilege, meaning anything you’ve told your lawyer could potentially be fair game for the prosecutors.And finally, let’s not forget about the “derivative use” clause. This little gem allows prosecutors to use any information you provide to gather more evidence against you, or to pursue new leads in their investigation.

The Negotiation Game: Getting the Best Deal

Okay, so proffer agreements are risky business, but what if you still want to play ball? Well, then it’s time to negotiate.Remember, a proffer agreement is a contract, and like any contract, it’s up for negotiation. Don’t just sign whatever the prosecutors put in front of you, make sure you understand every single clause, and fight for the best possible terms.For example, you might want to negotiate a limited waiver of attorney-client privilege, or a clause that prevents your statements from being used for impeachment purposes.You might also want to consider a “use and derivative use” clause, which would prevent the prosecutors from using your statements, or any evidence derived from them, against you.And don’t forget about the scope of the proffer. You’ll want to make sure it’s clearly defined, so you don’t accidentally spill the beans on something that’s not covered by the agreement.

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

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2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-28

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2024-02-24

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The Bottom Line: To Proffer or Not to Proffer?

At the end of the day, the decision to enter into a proffer agreement is a highly personal one, and it’s not something to be taken lightly.On one hand, it could be your ticket to a lighter sentence, or even avoiding charges altogether. But on the other hand, it’s a massive risk, and one that could potentially backfire in a big way.So, what’s the bottom line? Well, it’s simple, if you’re facing a federal investigation or charges, you need to consult with an experienced criminal defense attorney, like the ones at Spodek Law Group.We’ll review your case, go over the potential risks and benefits of a proffer agreement, and help you make the best decision for your unique situation.Because at the end of the day, that’s what it’s all about, your situation, your life, and your future. And we’ll do everything in our power to protect it.

Real-Life Examples: When Proffer Agreements Go Right (and Wrong)

To really drive home the importance of understanding proffer agreements, let’s take a look at some real-life examples of when they’ve gone right, and when they’ve gone horribly wrong.Example 1: The Successful ProfferIn a high-profile fraud case, a defendant agreed to a proffer agreement and provided valuable information to prosecutors about the inner workings of the scheme.Thanks to their cooperation, the defendant received a significantly reduced sentence, and even had some charges dropped entirely.Example 2: The Disastrous ProfferIn another case, a defendant entered into a proffer agreement, but failed to disclose key information during the proffer session.When the prosecutors discovered this omission, they not only used the defendant’s statements against them at trial, but also charged them with making false statements and obstruction of justice.The result? A much harsher sentence than if the defendant had never proffered in the first place.Example 3: The Negotiated ProfferIn a complex money laundering case, a defendant’s attorney was able to negotiate a highly favorable proffer agreement.The agreement included a strict “use and derivative use” clause, preventing the prosecutors from using any of the defendant’s statements, or any evidence derived from them, against the defendant.Thanks to this negotiation, the defendant was able to provide information without fear of it being used against them, ultimately leading to a favorable plea deal.As you can see, proffer agreements can be a double-edged sword, and the outcome often depends on the specific circumstances of the case, as well as the skill of the defense attorney in negotiating the terms of the agreement.

The Spodek Law Group Difference: Why You Need Us in Your Corner

Look, we get it, navigating the legal system can be a nightmare, especially when it comes to something as complex and high-stakes as a proffer agreement.But that’s where we come in, the Spodek Law Group is more than just a law firm, we’re a team of battle-tested legal warriors, ready to fight for you every step of the way.From the moment you walk through our doors, you’ll feel the difference. We’ll take the time to really understand your case, your goals, and your concerns.We’ll break down the proffer agreement process in a way that makes sense, no legal mumbo-jumbo, just straight talk.And when it comes to negotiating the terms of the agreement, we’ll be in your corner, fighting tooth and nail to get you the best possible deal.Because at the end of the day, that’s what we’re all about, results. We’re not here to just shuffle papers and collect a paycheck, we’re here to win, and we’ll do whatever it takes to make that happen.So, if you’re facing a federal investigation or charges, and you’re considering a proffer agreement, don’t go it alone. Let the Spodek Law Group be your guide, your advocate, and your shield.We’ll make sure you understand every single detail of the agreement, and we’ll fight like hell to protect your rights and your future.Because that’s what we do, it’s not just a job, it’s a calling.

Proffer Agreements and Beyond: Our Full Suite of Services

But proffer agreements are just the tip of the iceberg when it comes to the services we offer at Spodek Law Group.Whether you’re facing federal charges, state charges, or even just a simple misdemeanor, we’ve got you covered.Our team of seasoned attorneys has decades of combined experience in everything from white-collar crime to violent offenses, and everything in between.We’ll leave no stones unturned in building your defense, and we’ll fight like hell to get you the best possible outcome.And it’s not just about the courtroom, either. We’ll be with you every step of the way, from the initial investigation to the final appeal, if necessary.We’ll handle all the paperwork, all the filings, and all the legal mumbo-jumbo, so you can focus on what really matters, getting your life back on track.So, if you’re in trouble with the law, don’t wait, don’t hesitate, and don’t try to go it alone. Call the Spodek Law Group today, and let us be your legal shield, your advocate, and your path to justice.Because at the end of the day, that’s what we’re all about, results, and we’ll stop at nothing to get them for you.