Legal Question in Criminal Law in Minnesota

To Proffer or not to Proffer?

In a felony Drug case a defendant is charged with Conspiracy to manufacture methamphetamine in the 1st degree. This person was taken into custody along with several other people occupying a residence. The prosecution has offered to dismiss all charges against the defendant provided he sit down with law enforcement for a proffer session. What are the pros and cons of this, and more importantly, can the defendant be called to testify in other proceedings based on this ''proffer session''. Also, can part of the agreement be that if a proffer session occurs, the defendant than cannot be called to testify against others? Thank you.


Asked on 12/07/04, 12:50 am

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: To Proffer or not to Proffer?

First of all, the proffer session should never be agreed upon unless the arrangement with the prosecutor, not police is in writing. The conditions of that proffer will be full cooperation through trial including testimony.

The stakes are very high in a case like this. As a result, copmetent and experienced reppresentation uis necesssary. A first degree drug offense even with no priors carries with it a presumptive sentence, if convicted, of 86 months (almost 7 years)

For a FREE consultation call us at 952.746.2153 or visit online at http://www.criminal-law.tv

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Answered on 12/07/04, 9:47 am


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