It’s important to understand what’s expected of you during a proffer session before making the decision to participate. Prosecutors and law enforcement agents expect that you will be making admissions of guilt, usually to federal felony offenses, during a proffer session. If you make these admissions, it severely, if not almost completely, restricts your ability to later proceed to trial if you are not later satisfied with the pre-trial resolution (plea offer) presented to you.
Therefore, you and your attorney must analyze the strength of the evidence likely to be presented against you, potential defenses, and what your chances of ultimately prevailing at a trial, before making the decision to participate in a proffer session.
On the contrary, a reverse proffer session does not require you to make any statements or admissions and provides an opportunity to look at the government’s evidence and evaluate its perspective regarding your case. There is almost always no downside to participating in a reverse proffer session.
