Proffer Sessions: Switching Your Jersey to Team USA
Everyone remembers basketball in gym class, where teams were divided by different colored pinnie jerseys. Switching sides was as simple as removing the red pinnie and putting on the blue one.
A proffer session in a federal criminal case resembles switching jerseys and switching teams.
For example, imagine a person charged in a federal indictment alongside others for the possession and distribution of methamphetamine. The evidence against that individual is overwhelming. The Drug Enforcement Administration (DEA) conducted a lengthy investigation, gathering substantial evidence through wiretaps, cooperating witnesses, search warrants, and surveillance operations.
Ten-Year Mandatory Minimum Prison Sentence
In this situation, the defendant is facing a ten-year mandatory minimum prison sentence, meaning that, if convicted, the judge must impose at least that amount of prison time.
Reduce a Potential Prison Sentence By Cooperation With Federal Prosecutors
However, one protentional avenue for a reduced sentence is cooperation with federal prosecutors. A federal defendant can reduce a potential prison sentence and the ten-year mandatory minimum if they are able to provide what is called “substantial assistance” in the prosecution of other individuals. Essentially, the federal defendant is switching sides and putting on a Team USA jersey during the proffer session.
After providing substantial assistance, the prosecutor files what is commonly called a “5K motion,” which allows for a reduction in a sentence. In my experience, reductions can be one-third, fifty percent, or even greater. As such, a defendant otherwise facing ten years in prison may ultimately receive a reduction of four or five years.
Before participating in a proffer session, it is critical for a federal defendant to meet with an experienced criminal defense attorney to review what could transpire. All proffer sessions are unique. The nature of the charges, the evidence involved, the prosecutors, and the federal agents participating can all affect how the session unfolds. A defendant could actually cause harm to his position if the session does not go well. Under no circumstances should a defendant attend a proffer session without experienced counsel.
If you are faced with a federal criminal charge or have been approached about cooperating with federal prosecutors, call Attorney W. Joseph Edwards at (614) 309-0243 to discuss your federal criminal case. The decisions you make early in the case can significantly affect the outcome.
