At Edward Johnson & Associates, we know federal investigations are not a game. When federal agents knock on your door with questions about drug trafficking or conspiracy charges, the pressure is real and the stakes are sky-high. A proffer agreement may be offered as a way to talk to the government while supposedly protecting yourself from prosecution. But make no mistake: walking into a proffer session without an aggressive, battle-tested attorney at your side is a dangerous move. We have spent years fighting federal and Illinois drug crime cases, and we know how the feds use proffer sessions to strengthen their case against you.
A proffer agreement, often called a “queen for a day” deal, is essentially a written contract between you and federal prosecutors. Under this agreement, you can speak openly about what you know regarding a federal drug investigation. According to 18 U.S.C. § 841 (federal controlled substance offenses) and 720 ILCS 570/ (Illinois Controlled Substances Act), the information you provide can touch on serious charges that carry decades in prison. The government promises that your statements won’t be used directly against you in its main case. But here’s the trap: anything you say can be used to gather new evidence, find other witnesses, or charge you with lying if your story doesn’t match up later.
Prosecutors and federal agents know exactly what they are doing in a proffer session. They already have pieces of the puzzle, and they want you to fill in the gaps. If you go in unprepared or without counsel, you risk handing them ammunition to destroy your defense. We don’t allow that to happen. We analyze every angle before agreeing to a proffer. If it’s the only path to a favorable plea deal, we prepare you for every question. If it’s a trap, we shut it down and fight.
Frequently Asked Questions About Proffer Agreements
What Exactly Is A Proffer Agreement?
A proffer agreement is a written deal between you and federal prosecutors that allows you to give information in a limited setting. While they promise not to use your words directly in court, anything you reveal can help them build a case against you.
Should I Ever Attend A Proffer Session Without A Lawyer?
Never. A proffer session without an attorney is a guaranteed disaster. Agents are trained interrogators. Without legal counsel, you could make statements that create new charges or destroy your defense strategy.
Can Statements In A Proffer Session Lead To New Evidence Against Me?
Yes. Even if your statements are not used directly, prosecutors can use the information to find other witnesses, issue subpoenas, or strengthen their case. This is how they turn your own words into weapons.
Are Proffer Agreements Binding Promises From The Government?
Not always. They offer limited immunity, but they are not a get-out-of-jail-free card. If they believe you lied or withheld information, you can still face charges for false statements under 18 U.S.C. § 1001 or face harsher penalties at sentencing.
Do Proffer Agreements Help In Illinois Drug Cases?
Yes and no. In Illinois state drug prosecutions under 720 ILCS 570/, cooperation can sometimes reduce charges or lead to leniency. But every case is different, and proffers can backfire if the information hurts you or others tied to the investigation.
What Happens If I Refuse To Proffer?
You have the absolute right to stay silent. Prosecutors may push harder for an indictment, but refusing to talk is often safer than handing over statements they can twist against you.
Can A Proffer Session Lead To A Plea Deal?
Sometimes. If you provide valuable information, prosecutors may offer a reduced sentence or lesser charges under federal sentencing guidelines. But no promise is guaranteed, and every deal needs to be carefully negotiated by your attorney.
Call Edward Johnson & Associates To Protect Your Rights
If federal agents or Illinois prosecutors want you to talk under a proffer agreement, you need aggressive, relentless defense counsel immediately. At Edward Johnson & Associates, we fight smart and hard to protect your rights, outthink the prosecution, and put you in the strongest position possible.
Contact our Chicago federal criminal defense attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. We serve clients throughout the Chicagoland metro and are ready to step into the fight for your future.