Legal Question in Criminal Law in Nebraska

Re: Proffers?????

A proffer is a lawyer's way of describing a statement by someone made as part of a negotiation to work out a plea agreement, a charge agreement or a nonprosecution agreement. Generally, the person making the statement agrees to "lay their cards on the table" by answering questions by the prosecutor truthfully, and by truthfully disclosing what they know of criminal activities of others and themselves. In exchange, the prosecutor agrees that the information cannot be used against the profferor, and sometimes that information obtained as the result of the information given in the proffer cannot be used against the profferor. If the prosecutor is satisfied that the statements are true, and that they are helpful in prosecution of more serious cases, or against more culpable codefendants, they will make a return offer of a reduced charge, stipulated facts, stipulate to sentencing issues etc, in exchange for the proffer itself, or for testimony against those accused in the proffer. These kinds of issues are usually hammered out between the attorneys before the proffer, or at least sketched out.

Often, the agreement is that the profferor will agree to testify if needed, and the benefit of the bargain will be given whether or not they need to testify. Usually, the profferor will have to agree to continue to cooperate, and may be interviewed several times.

Ultimately, you would need to talk to your attorney to find out the precise terms of the agreement. They are often set out in writing.