OK Team, those six of you who read this, we are in the cold winter months, the perfect time to prepare for a “proffer session” involving one of my clients who is facing a federal criminal prosecution. Casual (and even those wearing formal wear) readers know I have posted about this subject several times, here, here, and yes, over here.
A “proffer” is when a criminal Defendant (or someone under investigation yet not currently charged) goes to see prosecutors and federal agents to give his or her version of what really happened in a case. Often, the proffer is preceded by an “attorney proffer”, during which the person’s attorney gives prosecutors an outline of what his or her client will likely say during the later session when the accused person comes to the office to talk. As I have written about before, these can be both valuable, and are simultaneously dangerous.
Today I met with a prosecutor ahead of the formal proffer. This particular prosecutor truly wants to make this case move forward and resolve short of a trial or contested sentencing hearing. Sensing that, I pushed a bit harder than I normally do, and essentially asked him to give me an outline of what the agents will ask of my client when I bring that person in for the formal proffer session. It seemed to work. By the end of the meeting I had more a less a roadmap of what they want my client to say (assuming it is the truth, of course) after which we should be on the road to resolve the matter more favorably to my client (and his family).
Again, my message to readers remains the same: federal criminal defense is a speciality, so please do not trust the future of you or a loved one to an attorney who is not highly experienced in these matters.