Is a proffer necessarily an in-person conference or can it sometimes be in writing, or over the phone?

Asked 10 months ago - Los Angeles, CA

Is a proffer necessarily an in-person conference or can it sometimes be in writing, or over the phone? Do prosecutors invite all witnesses with limited criminal culpability to proffers?

Attorney answers (2)

  1. Michael Raymond Daymude


    Contributor Level 20


    Lawyer agrees

    Answered . I am not certain what you mean by "proffer." My understanding is that it means simply an "offer of proof." In that context, the offer of proof is usually orally conveyed by defense counsel.

    In the context of a plea bargain, it should be reduced to a signed, written agreement or put on the record prior to disclosure of the offered evidence. In many cases, the proffer may result in an agreement short of what defense counsel would ideally want, i.e., you may just have to trust the prosecutor. That is when professional relationships are important and when you really need to trust your attorney.

    Proffers are always welcomed by prosecutors. Whether a prosecutor will respond with a more favorable plea bargain depends.

    SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law.... more
  2. Sarkis Jacob Babachanian

    Contributor Level 12


    Lawyer agrees

    Answered . A federal proffer or "queen for a day" session is typically attended IN PERSON by the person under investigation ("profferor"), their lawyer, investigating agents and a federal prosecutor after a proffer letter is sent by the government to the profferor representing that incriminating words spoken at the session will not be used against the profferor. They're designed to give the government a taste of what they might get in exchange for a deal. You should not do this without representation.

    California attorney Sarkis Jacob Babachanian handles criminal defense, personal injury, civil litigation and... more
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