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If you’re under investigation in a federal criminal case, you should understand what immunity is. Prosecutors often rely on their witnesses to build cases, and to encourage their cooperation, they may offer different forms of immunity from prosecution or limit how their testimony may be used against them. So, what are the different types of immunity in federal criminal cases?
What Is Immunity?
In federal cases, immunity is a legal safeguard that protects individuals from prosecution or penalties in exchange for their cooperation. Prosecutors may use immunity to secure witness testimony or evidence that may be unavailable to them without it.
It is important to understand that immunity is not automatically granted, but is negotiated between prosecutors and defense attorneys and will likely require court approval. Once it is granted, immunity can shield you from prosecution, but its protections will depend on the type of immunity that was granted.
Types of Immunity in Federal Criminal Cases
When it comes to federal criminal cases, there are generally three types of immunity a person can be offered. Your attorney can help you understand which type you’re being offered so that you can make an informed decision.
Proffer Letter Immunity
Proffer letters are the weakest form of immunity. It is a written agreement between you and a prosecutor that allows you to provide information about a case, and in exchange, they promise not to use your statements directly against you in court. However, this is limited protection, and the government can still use your information to find additional evidence against you and prosecute you.
“Use and Derivative Use” Immunity
This is a stronger form of immunity than proffer letters. With this type, the government promises that the information you provide will not be used to prosecute you or to find other incriminating evidence. If the government later obtains evidence against you, it must prove in an ethics hearing that this evidence did not originate from the information you provided.
Court-Ordered Immunity
A court-ordered immunity is the strongest form. If a federal judge reviews the details of your case and finds your testimony valuable, they can order you to speak. Since the Fifth Amendment protects your right to remain silent, anything you say due to a court order cannot be used against you, either directly or indirectly. Your lawyer will work with you beforehand to prepare for a court-ordered immunity.
What You Should Do if You Are Offered Federal Immunity
Contact an experienced federal criminal defense attorney right away to discuss the nuances of federal immunity. Immunity is one of the options your attorney should explore on behalf of their client. A seasoned lawyer with experience helping clients through federal criminal cases can discuss immunity and its risks and benefits.
An attorney has your legal interests at heart and can work diligently to protect your interests. Reach out to a trustworthy attorney as soon as possible to further discuss immunity.
Why You Need Legal Representation
At the Law Office of Ramon de la Cabada, P.A., we have a deep understanding of how immunity works in the federal system. Our team can guide you through the entire process while explaining each step so that you can make informed decisions. Our founding attorney is a former prosecutor and can use that to your advantage in your case.
Federal prosecutors have vast resources at their disposal, and immunity agreements are designed to benefit the government, not necessarily you. Without skilled legal counsel, you may unknowingly expose yourself to prosecution despite assuming you were immune.
Your defense attorney can:
- Evaluate whether the immunity offered truly protects you
- Negotiate broader protections when possible
- Ensure prosecutors honor the terms of the agreement
- Prepare you for testimony to minimize risks of perjury or self-incrimination
FAQs
What Is Immunity in a Federal Criminal Case?
Immunity is a legal protection that protects you from criminal prosecution. This is usually granted by a prosecutor or a court in exchange for your testimony or cooperation. The purpose of immunity is to compel someone who might otherwise use their Fifth Amendment rights against self-incrimination to offer up information that the government needs to prosecute the “bigger fish” in a criminal situation.
What Is a Proffer Letter?
A proffer letter is a written agreement between you and the federal prosecutor that allows the person to “proffer” or provide information to the government during a meeting with the promise that the statements made during that meeting will not be used against them. The government can still use the information to find other evidence to build a case against you, though.
Does Federal Immunity Protect Against State Charges?
No, immunity from federal prosecution does not automatically protect you from being prosecuted for the same crime under state law. This is because of the dual sovereignty principle, as federal and state governments are separate entities that operate under their own laws and procedures. There may be some complex exceptions, so you should discuss the situation with your attorney.
Can I Accept an Immunity Agreement Without a Lawyer?
No, you should never accept an immunity agreement without a lawyer’s guidance. An experienced criminal defense lawyer can help you understand the specific terms of the offer and negotiate a more favorable deal, and make sure that everything is properly documented to protect your rights. If you choose to speak with investigators without an attorney, you could make detrimental mistakes that could jeopardize your future.
What Happens If I Violate the Agreement?
If you violate the terms of a federal immunity agreement, the deal can be nullified. This could happen if you choose not to cooperate fully or if you lie. This would allow the government to use your immunized testimony against you and pursue charges for those crimes, as well as other charges for any of the actions you committed while violating the agreement.
Hire a Federal Criminal Lawyer
There were 64,124 federal criminal cases in 2023. If you are facing a federal case, our team at the Law Office of Ramon de la Cabada, P.A., is here to help you understand your rights, protect your future, and negotiate on your behalf. Contact our office today to schedule a consultation.
