In a situation where it later turns out that the information provided in the bid does not match the evidence, arguments or information obtained from other witnesses, statements against the accused or suspect could be used in court. If you or a loved one have been asked to speak to law enforcement about a crime or investigation, it`s important that you hire an experienced lawyer to help you. Matthew Galluzzo is a former Manhattan District Attorney who has represented numerous law enforcement professionals and has used these offers on numerous occasions to benefit his clients. But there are even more risks in the supply. Virtually all professional agreements allow the government to use your statements against you for impeachment purposes if you take a stand at a later trial and testify inconsistently with your offer. And the version of the offer that is compared to your testimony in court to see if you should be charged is the version interpreted and written by government agents. More worryingly, in recent years, many precautionary agreements drafted by the government allow your testimony to be used against you if any part of your defense, including questions that your lawyer cross-examines government witnesses, disagrees with your offer. These blanket agreements, which have been consistently adhered to at the federal district court level, may effectively deprive you of the right to defend in court if your expected immunity or plea agreement does not materialize after the offer. What for? Because if any part of your defense is found to be inconsistent with your offer, and if that offer affects you in any way, the entire offer will be admitted in court against you. As a result, your lawyer may find himself in the unenviable position of not challenging important parts of the government`s case, refusing to cross-examine certain witnesses, and choosing not to take the witness stand, all in order to prevent your prejudicial testimony from being presented to the jury.
The proposals presented to you and the signature of your lawyer must be examined with the utmost care. A general agreement is often an opportunity for a cooperating defendant or suspect to be eligible for a favorable punishment recommendation. As mentioned earlier, if a defendant decides to enter into an offer agreement, the prosecutor will enter into an agreement to grant the defendant many crucial benefits in exchange for receiving important information about the case. During an interview, the prosecutor will generally tell or suspect to the defendant that if he chooses to make false statements or omit relevant information, he could be charged with perjury before federal agents within the meaning of 18 U.S.C. 1001. Although supply and reverse supply sound the same, they are actually very different. A reverse offer is the opportunity for the defense attorney to meet with the prosecutor and agents to hear some of the alleged evidence they have against the client. Agents provide a kind of “show and say” about the investigation and evidence against the customer to convince the customer to cooperate with the investigation. Cooperating in this environment means pleading guilty and presenting evidence against the co-conspirators in the plan.
While law enforcement usually wants the client/target to attend the meeting, experienced defense attorneys often try to arrange a meeting for a fair attorney to ensure that the client doesn`t accidentally leak information, as many clients struggle to get through these types of meetings without comment. However, the government can always track improvements for certain facts that exist, regardless of the penalty provided for in the penal guidelines. Given the risk involved, why would you even want to make an offer if you are criminally exposed? For one reason and for one reason only: If you`re facing lawsuits and need an immunity agreement or a plea bargaining agreement, you usually can`t get both, especially in commercial matters, without making an offer first.