The answer to this question depends heavily on the specific facts of the case. A poorly planned or reckless offer can have devastating consequences. If the purpose of the offer meeting is not clearly defined, or if reasonable steps are not taken to protect the witness, prosecutors may use statements made by a witness at an offer meeting as evidence against him. Prosecutors may also decide to file additional charges against a person they believe lied to them at an offer meeting. On the other hand, a well-planned offer can be the key to the best possible outcome in a case, including a possible dismissal of the charges. Here are some examples of cases we`ve conducted: If the offer is used to negotiate an immunity agreement, your lawyer may be able to make a “lawyer`s offer” where they first share the information with the attorney to make sure your testimony is useful and immune. This gives the prosecutor`s office the opportunity to evaluate the information you provide in terms of usefulness and reliability before accepting an agreement, and gives you the opportunity to explain your role in the events with limited certainty that your words will not be used against you. An offer agreement is a written contract between a federal prosecutor and a defendant or person under criminal investigation by entering into an agreement to provide useful information to the prosecutor. Their statements will not be used against them later in criminal proceedings.

As in business, an offer can be a sign of “good faith”, an initial offer or a suggestion to show a willingness to “barter”. As a general rule, an offer is made on the understanding that the prosecutor grants them immunity or offers a favourable plea. Often, a federal prosecutor doesn`t even offer immunity or a plea without an offer. Is it worth the risk of making an offer if you are exposed to crime? It depends on the answers to certain predicate questions. Is the indictment a foregone conclusion if you do not reach an agreement with the prosecutor? Suppose the certainty of an indictment, what is the strength of the government`s case and how strong is the defence you have? If your defence is strong, do you have the resources to survive a long federal economic process? If you are convicted after a trial, what is your maximum possible sentence under the U.S. Sentencing Guidelines? Are you ready to serve him? What is your likely policy? (In economic matters, the difference between the maximum possible sentence received after trial and the presentation after the plea is often immense. This is due to the availability of “downward deviations” under the guidelines for defendants invoking a lawsuit, and also because economic policy judgments rely heavily on the amorphous “amount of loss” caused by the defendant, an amount that is routinely manipulated by federal fraud prosecutors. You shouldn`t even think about making an offer unless your lawyer has carefully considered all possible scenarios under the guidelines. In some federal criminal cases, it may be in the defendant`s best interest to cooperate with the prosecutor. For example, the evidence against them is so strong that it cannot reasonably be challenged, such as a case in which the illegal conduct of infiltrated federal law enforcement officers was recorded. .